Law Enforcement and the Aging Process

The mandatory separation clause, or forced retirement at a certain age for police officeholders was formally upheld in 1996, as the lobbying efforts of the Fraternal Order of Police were successful in pleading their case. The group argued that mandatory separation should be enforced because of the physical requirements of the position.They deliberate that an officers ability to physically meet the demands placed his or her body at a certain age naturally diminish, which places the officer in imminent danger. Jim Pasco, the FOP director, state that Its non only harder to defend yourself, but think of the very strenuous nature of, for example, the foot chase. (Kennedy, 2007)The director did admit, all the same that not all police departments choose to enforce mandatory separation based upon officers reaching a certain age, as many departments believe its harder to recruit new officers and expensive to train them. (Kennedy, 2007)Pascos comments were in response to the November 2007 fatal shooting and death of Broward, Floridas Deputy Paul rein in, age 76. many an(prenominal) believe that the deputys death could have been prevented had the department enforced the mandatory separation policy state and local law enforcement agencies are allowed when an officer reaches a certain age. While transporting a convicted armed robber to stand trial in another location the inmate gained control of the deputys fire arm and fatally shot the officer.Deputy Reins daily trading was to transport inmates between secure locations and according to the department this was a duty older officers could handle. Rein was considered safe, as he transported the prisoners while riding in a secure vehicle that contained a locked cage. Fellow officers stock-still reported that they viewed Rein let the accused inmate out of a medical vehicle prior to his death, which put the officer in danger and violated department policy. (Kennedy, 2007)Though most workers are protected by strict fed eral laws prohibiting discrimination based on age, there are some exceptions to the rule. The Age Discrimination Act of 1967 (ADEA) is the federal governments protection to employees over the age of 40 that work for a regulated employer. (Pellicciotti, 1991)The ADEAs laws are not special to those who hold a current position these laws also provide protection during the hiring process, salary increases, promotions and more. State and local government employees are excluded from much of the ADEAs protection, as the government is not considered a regulated employer.Those workers are protected by the EEOC, which enforces the same discrimination laws. Extreme limitations are placed on the civil servant the state and local law enforcement officers and fire fighters, due to the demands of the position and taking into consideration the fact that age may limit an officers ability to perform. (Pellicciotti, 1991)Law enforcement officers have limited protection under the ADEA, as the Act all ows the government employer to fail to hire or discharge the law enforcement officers because of age if specific stipulations are met. (Pellicciotti, 1991)The ADEA allows the government employer to furcate against law enforcement officers because of age if the action is taken (1) with respect to the employment of an individualistic as a firefighter or as a law enforcement offers and the individual has attained the age of hiring or retirement and (2) pursuant to a bona fide hiring or retirement plan. (Pellicciotti, 1991) The ADEA will protect officers if the retirement option presented to the civil servant is not legitimate.The ADEAs definition of employer also excludes the federal government and, like the state and local government workers, these workers are covered under the EEOC. The federal government realised a mandatory separation clause specific to federal law enforcement officers, fire fighters and air traffic controllers. Under 4 U.S.C Sec. 8335 (a), (b), & (c) federal wo rkers holding these terce positions are required to comply with the mandatory separation policy established by the federal government and this clause is heavily enforced. (Pellicciotti, 1991)Experts on both sides of the railway line agree that the bottom line is employing the best possible law enforcement officers and fire fighters. Many believe that the age limitation is non-existent, as Broward Sherriffs Department spokesman Elliot Cohen stated there are different roles that can be filled by individuals of all ages. (Kennedy, 2007) Still, the ADEA allows state and local law enforcement officers to be the exception to the rule however in the case of officer Rein many have once again posed the question is age the best proxy for reaching that finale? (Kennedy, 2007)ReferencesKennedy, K. (2007). Death of Deputy, 76, Raises Age Question. Gefunden am November 9,2007 unter http//www.highbeam.com/doc/1A1-D8SQF39O0.htmlPellicciotti, J. M. (1991). Exemptions and employer defenses under t he ADEA. Public PersonnelManagement , 20