Equal Employment Opportunity Commission v. County of Santa Barbara

BOOCHEVER, Circuit Judge:

This is an appeal from the grant of summary judgment to the employer in an age discrimination case. We reverse because no evidence was presented to indicate that age is a bona fide occupational qualification (BFOQ) for the correction officers involved or that the officers were terminated in accordance with the terms of a bona fide seniority plan.

I

FACTS

The county employed Gerald Robinson and John Van Gordon as correction officers 1 from November, 1973 through June, 1975, and from January, 1974 through October, 1975, respectively. Robinson was fifty-eight years old when…