Beck v. Borough of Manheim

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Although the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. (ADEA), generally proscribes arbitrary discrimination based on age in employment practices, Oscar Mayer & Co. v. Evans, 441 U.S. 750, 99 S.Ct. 2066, 60 L.Ed.2d 609 (1979), the Act does allow employers to use age as a legitimate criterion “where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business ...” 29 U.S.C. § 623(f)(1). See Marshall v. Westinghouse Electric Corp., 576 F.2d 588 (5th Cir.…