Legal Opinion

Equal Employment Opportunity Commission v. State of Mississippi

Court of Appeals for the Fifth Circuit

Decided February 26, 1988No. 87-4214PublishedCited by 7 opinions

1Opinion of the Court

GEE, Circuit Judge:

Conflict of Laws

The State of Mississippi appeals a finding by the district court, 654 F.Supp. 1168, that a compulsory retirement statute for game wardens 1 violates federal anti-age discrimination law and thus is unenforceable. The state statute retires conservation officers of the Department of Wildlife Conservation at age 60 (as of July 1, 1986; age 62 from July 1, 1985 to June 30, 1986) and sets a maximum hiring age of 35. The Age Discrimination in Employment Act of 1967 (ADEA), on the other hand, provides that it is “unlawful for an employer to fail or refuse to hire or…

2Cases cited6 opinions

  1. Equal Employment Opportunity Commission v. WyomingSupreme Court of the United States · 1983
  2. Western Air Lines, Inc. v. CriswellSupreme Court of the United States · 1985
  3. Equal Employment Opportunity Commission v. New JerseyDistrict Court, D. New Jersey · 1986
  4. Don Aguillard v. Edwin W. EdwardsCourt of Appeals for the Fifth Circuit · 1985
  5. Equal Employment Opportunity Commission v. Commonwealth Of PennsylvaniaCourt of Appeals for the Third Circuit · 1987

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3Cited by7 opinions

  1. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI STATE TAX COMMISSION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
  2. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI STATE TAX COMMISSION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1989
  3. (2002), Maryland Attorney General Reports2002
  4. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI STATE TAX COMMISSION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
  5. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI STATE TAX COMMISSION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1989

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