Correa-Ruiz v. Fortuno
Court of Appeals for the First Circuit
1Opinion of the Court
LIPEZ, Circuit Judge.
The Age Discrimination in Employment Act (“ADEA”) contains an exemption provision that allows state and local governments to set mandatory retirement ages for law enforcement officers and firefighters. See 29 U.S.C. § 623(j). In this case, we examine for the first time revised criteria for invoking that exemption, including a provision that conditions its use on the employer’s compliance with fitness testing regulations that have yet to be promulgated by the Secretary of Health and Human Services. Id. Appellants are more than two dozen former Puerto Rico police officers…
2Cases cited36 opinions
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- Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
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