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STATE v. INDEPENDENT SCHOOL DIST. 624

No. C1-93-1190.

509 N.W.2d 572 (1993)

STATE of Minnesota, by David BEAULIEU, Commissioner, Department of Human Rights, Respondent, v. INDEPENDENT SCHOOL DISTRICT NO. 624, Respondent, and White Bear Lake Teachers' Association (MEA), intervenor, Relator.

Court of Appeals of Minnesota.

Review Granted February 24, 1994.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Erica K. Jacobson, Asst. Atty. Gen., St. Paul, for State of Minnesota, by David Beaulieu, Commissioner, Department of Human Rights, respondent.

Joseph E. Flynn, Diane M. Cornell, Knutson, Flynn, Hetland, Deans & Olsen, P.A., St. Paul, for Independent School Dist. No. 624, respondent.

Rebecca H. Hamblin, Harley M. Ogata, Minnesota Educ. Ass'n, St. Paul, for relator.

Considered and decided by KLAPHAKE, P.J., and PETERSON and HARTEN, JJ.

OPINION

HARTEN, Judge.

We review by writ of certiorari a decision of an administrative law judge (ALJ) holding that an early retirement incentive program is discriminatory under the age protection provisions of the Minnesota Human Rights Act as applied to a 36 year old employee who does not meet the minimum age requirement for benefits. We disagree and reverse.

FACTS

In December 1976, Colleen Leemon began her employment with respondent...

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