Can’t Cock his Glock: Career Officer Cannot Show Age Discrimination Where He Failed to Qualify with his Baton and Firearm

By Mitchell Riese and Mitchel Wilson

gun and batonIn Otto v. City of Newport, a former police officer alleged his employer discharged him because of his age, but the Eastern District of Kentucky granted the defendant employer’s motion for summary judgment because there “is no evidence that the Plaintiff was qualified for the position, and there is no direct evidence of the Defendant’s discriminatory intent.”

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Invoking Public Safety Employer Exemption in ADEA, City of Cleveland Permissibly Forces Police Officers Aged 65+ into Retirement during Budget Crisis

By Mitchel Wilson

IRetirement 1n Sadie v. City of Cleveland, 118 FEP Cases 1104 (6th Cir. 2013), the appellate court upheld the lower court for dismissing the suit of a group of former Cleveland police officers who were not retained after age 65.  Their suit alleged that the City’s mandatory retirement program violated the Age Discrimination in Employment Act (ADEA), an Ohio discrimination statute, and equal protection of the 14th Amendment.

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