Question

A local government is recruiting police officers. The advertisement states that an applicant must be 21 to 50 years old and a high-school graduate. Norman applies. He is 51 and a college graduate and was not called for an interview. Does Norman have a viable discrimination complaint?

A. Yes, because according to the Age Discrimination in Employment Act, a company or municipality can't set an age requirement for candidates.
B. No, because the requirement of being 21 to 50 years old may be a bona fide occupational qualification (BFOQ) given the nature of the work.
C. No, because the hiring of police officers is a specific exception of the Age Discrimination in Employment Act.
D. Yes, because all employers must adhere to Title VII.

Answer 1

Norman may have a viable age discrimination complaint under the ADEA unless the local government can justify the age range of 21 to 50 as a bona fide occupational qualification for the position of police officer. The correct answer is option A. Yes, because according to the Age Discrimination in Employment Act, a company or municipality can't set an age requirement for candidates.

Step-by-step explanation:

Norman may potentially have a viable discrimination complaint based on the Age Discrimination in Employment Act of 1967 (ADEA), which makes it unlawful to fail to hire someone because of their age if the individual is 40 years or older. However, the bona fide occupational qualification (BFOQ) defense may apply if the age requirement is reasonably necessary to the essence of the business. If being between the ages of 21 to 50 is indeed a BFOQ for police officers, then Norman's complaint may not be viable. This is because specific job functions of police officers may potentially require a certain level of physical ability typically associated with a younger age range. Each claim must be evaluated on a case-by-case basis to determine if age is a BFOQ, taking safety and job performance factors into account.

Norman's college degree does not supersede the age requirement if the age limit is a BFOQ. It’s also notable that under the ADEA, advertised positions specifying age limits can potentially be legal if the age limit can be justified as a BFOQ. Therefore, the answer to whether Norman has a viable discrimination claim is not clear cut and would depend on whether the age requirement can legally be justified as a BFOQ for the role of a police officer.