If there's an age limit rule and his age is above, he's out and the department is correct rejecting him despite whatever qualification he has. They can't say "hey, there's this objective rule here, but you know what, you're a great bro so let's just skip it this time, right?" The stupidity here is allowing him to take all the tests to tell him just in the end, "duh, you're too old". About the lawsuits, well, who'll understand what goes in judges' heads? I hope he wins. But I wouldn't bet all my money on it.
Supposedly it's illegal to discriminate on age but in reality all branches of the military do it etc. They might only get away w/ it b/c govt. My thoughts are you pass the physical then you passed the physical. Not the way the world works sadly. Instead we waste a ton of potential making sure all the 5'4" Sheila's get a shot.
You know, for a fire fighter, a soldier, I get the point. A 22 yo guy will pass the physical test and serve for decades. A 40 yo, even passing the test now, will be 50 in 10 years. And there's a difference. I guess they don't want a department full of old folks who won't be able to do their job efficiently. It sucks, but I see the point.
Except they did previously break the rules for some black and Hispanic law breakers. Honk honk.
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