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City of New Rochelle Violates Age Discrimination & Employment Act

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City of New Rochelle Violates Age Discrimination & Employment Act

March 18, 2009 - 14:49
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New Rochelle Department of Civil Service and the New Rochelle Police Department are in violation of the Age Discrimination & Employment Act of 1967!

NRPD Current Practice: An individual CANNOT apply for the position of Police Officer in the City of New Rochelle if that individual is 35 years of age or older. This current practice is in direct violation of the Age Discrimination & Employment Act of 1967. The New Rochelle Civil Service Department COULD NOT logically explain why a person 35 years of age could not apply for a Police Officer position. They responded that a 35+ year old person couldn’t handle the requirement of the position and asked why someone would want to be a police officer at that age in the first place. It was nice to hear the so-called “quality” response that was given to a serious question. I guess the requirement to work in the Civil Service Department is that you have to have a pulse, because anyone with a mind wouldn’t have answered this question in this manner.

The New Rochelle Civil Service Department and the New Rochelle Police Department should lift the age restriction so that people over 35+ years of age who are more than capable of performing the duties of a police officer can be given the opportunity to apply without discrimination.

There are many on duty New Rochelle Police Officers that if given the written and physical exam wouldn’t be able to pass. Sad, but very true.

The law reads as follows:

To prohibit age discrimination in employment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the “Age Discrimination in Employment Act of 1967.”
* * *
CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE
SEC. 621. [Section 2]
(a) The Congress hereby finds and declares that-
(1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs;
(2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons;
(3) the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave;
(4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.
(b) It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.

There are 8 Comments

A 35 yr. old person would want to join the force for the pay and benefits that are better than the public sector.

NYS Civil Service Law Section 58 sets max. age

NYS Civil Service Law Section 58 states that it follows the ADEA. No where does it state in the ADEA that Police Officers cannot be 35 years old or older to apply. NYS added the 35 year old limit, which is in direct violation of the ADEA. NYS assumes that people are retiring at age 55. Why, when the retirement age is now 65? If an age cap needs to be in place, then place it at 45 years old which is in line with the retirement age of 65.

So, Not only is New Rochelle Civil Service and the NRPD in violation of the ADEA, so is NY State!

The Age Discrimination in Employment Act
PROHIBITION OF AGE DISCRIMINATION
SEC. 623. [Section 4]

(j) Employment as firefighter or law enforcement officer

It shall not be unlawful for an employer which is a State, a political subdivision of a State, an agency or instrumentality of a State or a political subdivision of a State, or an interstate agency to fail or refuse to hire or to discharge any individual because of such individual's age if such action is taken-

(1) with respect to the employment of an individual as a firefighter or as a law enforcement officer, the employer has complied with section 3(d)(2) of the Age Discrimination in Employment Amendments of 1996 if the individual was discharged after the date described in such section, and the individual has attained-

(A) the age of hiring or retirement, respectively, in effect under applicable State or local law on March 3, 1983; or

(B) (i) if the individual was not hired, the age of hiring in effect on the date of such failure or refusal to hire under applicable State or local law enacted after September 30, 1996; or

(ii) if applicable State or local law was enacted after September 30, 1996, and the individual was discharged, the higher of-

(I) the age of retirement in effect on the date of such discharge under such law; and

(II) age 55; and

(2) pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade the purposes of this chapter.

NY STATE DEPARTMENT OF CIVIL SERVICE:

Is the age requirement for Police Officer/Deputy Sheriff examinations discriminatory?

The age requirement for Police Officer/Deputy Sheriff in New York State is in conformance with the Federal Age Discrimination in Employment Act (ADEA). The ADEA was amended by Congress on September 30, 1996, to provide an exemption for certain age limitations in state or local law for the hiring of Firefighters and law enforcement officers. The exemption allows states to establish age requirements for positions such as Police Officer and Deputy Sheriff.

What are the minimum qualifications needed in order to participate in a Police Officer/Deputy Sheriff examination?

Minimum training and experience necessary to participate in examinations does vary from location to location. Please refer to the examination announcement for each agency participating in the examination to determine the minimum qualifications for that jurisdiction. There are several qualifications/ standards that have been set forth by Section 58 of the Civil Service Law and the Municipal Police Training Council that must be met in order to participate in an examination for Police Officer/Deputy Sheriff. They are as follows:

Age: not less than 20 at the time of appointment nor more than 35 as of date of written examination. It is recommended that candidates be not less than 19 on the date of the examination;

Graduation from high school or possession of a high school equivalency diploma;

Medical and physical fitness requirements are set by the New York State Municipal Police Training Council and must be met prior to appointment;

Municipal civil service agencies may establish other additional or higher qualifications than those listed above, so you must closely review the announcement for the examination where you are interested in being employed.

Here ya go genius, it's right there in your post of the civil service law! Another Genius posting by BOBERT COX! This is a direct quote from the law. There he goes again, stirring up controversy where nothing exists.

What are the minimum qualifications needed in order to participate in a Police Officer/Deputy Sheriff examination?

Minimum training and experience necessary to participate in examinations does vary from location to location. Please refer to the examination announcement for each agency participating in the examination to determine the minimum qualifications for that jurisdiction.

Robert Cox's picture

I know this is hard to follow but there are now hundreds of registered users of this site and the person adding a post is clearly indicated. When I write a post you will see my name next to the words "submitted by".

You know what Anonymous, you're a real ass. Next time you read, try understanding what is written.

If in fact the NRPD responded "that a 35+ year old person couldn’t handle the requirement of the position", then how can they justify people 35+ continuing to hold the position. Are we, the citizens of New Rochelle, in danger from these obviously feeble minded and weak bodied police officers?? I think not.
Signed,
A 44 year old mother of 2 small children

It doesn't really matter. The powers that be skip people they don't like and hire their friends and relatives. The civil service lists are impossible to view and you can't get a straight answer from anyone in the civil service office. Is it really that hard to print a list of names and grades for ALL to see. It is public information. But then they wouldn't be able to play the games they do with taxpayer money and peoples lives.

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