Do I have any grounds for age discrimination in being denied/removed from eligibility for being a firefighter recruit?

UPDATED: May 22, 2012

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Do I have any grounds for age discrimination in being denied/removed from eligibility for being a firefighter recruit?

I was recently removed from a firefighter recruit eligible list because of my age. I was told the reason for my removal was due to the fact that Ohio has a cap on age for fire recruits. The city dragged their feet hiring and I sat on the eligible list for almost 3 years. The city finally was in a position to hire and they told me I was no longer eligible to be a fire recruit so I was removed from the list. I am in exceptional physical condition and have completed 27 marathons. I completed the process as was told and due to no fault of my own I reached the age limit.

Asked on May 22, 2012 under Employment Labor Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Potentially you might have a claim for age discrimination of you are in good physical shape and were not hired as a fire fighter due to delays by the municipality that you are writing about and your age.

For you to receive better information on this subject you should consult with an attorney practicing in the area of employment law and bring to the meeting the written basis for the "cap" by the municipality for not hiring fire fighters after a certain age for analysis by the attorney.

The question that you have raised is somewhat complicated. You might also wish to make a complaint with the local department of labor as to why you were denied employment based upon your age as another option to pursue redress.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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