Legal Question in Employment Law in Massachusetts
Age Discrimination
My question concerns the age limit of 32 for public safety recruits in towns that abide by the laws of MGL s31 c58.I have not found any credible info to back up 32 as an acceptable limit.The law does allow 4 extra years for military service,age limit 36.I am not against veterans preference for hiring.But if there is credible info justfying 32-that should be it for all.I have heard that this law has been challenged twice with positive results.
One person made eligible for a statewide police dept. another for a small town,both over 36.I have not found any info to confirm these appeals.I also took and passed a test for a non-civil service town in '97.I was 19 on a list of 150.The chief hired some that were over 120 on list-friends/relatives.This was exposed by local paper,test fees were returned to applicants(not the $50 for study guide).
Is there anything that can be done about either situation?
1 Answer from Attorneys
Re: Age Discrimination
If I understand your question you want to challenge a rule that says new officers dcanot be older than 32. The discrimination law onlyh prohibits age discrimination for people over 40.Check with the CivilService Commission. The old issue is not actionable-too late