1) Action, otherwise prohibited, in which age is a
bona fide occupational qualification (
BFOQ) reasonably necessary to the normal operation of the particular business.
a) Narrowly construed on case by case basis
b) Used to defend maximum hiring or mandatory retirement ages for jobs involving public safety, such as federal air traffic controller, Park Police officer and other law enforcement officers, nuclear materials courier, Armed Service reserve and active personnel
(1) Trans World Airlines, Inc. v. Thurston, 469 U.S. 111 (1985):
Airline to provide same transfer privileges to 60 year old captains as afforded to captains disqualified for reasons other than age.
(2) Western Air Lines, Inc. v. Criswell, 472 U.S. 400 (1985):
Mandatory flight engineers mandatory retirement at 60 held unlawful.
(3) Johnson v. Mayor & City Council of Baltimore, 462 U.S. 353 (1985):
Mandatory retirement age of 55 for firefighters must be applied on an individual basis.
c) Acts or omissions taken in a good faith effort to conform with or in reliance upon any administrative regulation, order, ruling, or interpretation issued by the EEOC.
2) Action, otherwise prohibited, is taken based upon reasonable factors other than age, including:
a) Deteriorating job performance
b) Age-neutral staff reduction
c) Safety concerns
d) Employee’s pension status or seniority
3) Action, otherwise prohibited, in which involve an employee working in foreign country and
ADEA compliance would violate foreign country’s law.
4) Action, otherwise prohibited, in compliance with a bona fide seniority system.
5) Action, otherwise prohibited, in compliance with a bona fide employee benefit plan.
6) Action taken to discharge or discipline employee for
good cause.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
