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QUINONES v. CITY OF EVANSTON, ILL.

Nos. 94-3060, 94-3206.

58 F.3d 275 (1995)

Tony QUINONES, Plaintiff-Appellee, Cross-Appellant, v. CITY OF EVANSTON, ILLINOIS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 12, 1995.

Attorney(s) appearing for the Case

Kenneth N. Flaxman (argued) and Leslie A. Redman, Chicago, IL, for plaintiff.

Jack M. Siegel (argued), Altheimer & Gray, Chicago, IL, William W. Kurnik, Kurnik, Cipolla & Barasha, Arlington Heights, IL, and Thomas F. McGuire, Long Grove, IL, for defendants.

Gwendolyn Young Reams, Carolyn L. Wheeler, James R. Neely, Jr., and Gail S. Coleman (argued), E.E.O.C., Office of Gen. Counsel, Washington, DC, for amicus curiae.

Before RONEY, BAUER, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Until 1993 an exception to the Age Discrimination in Employment Act (ADEA) permitted state and local governments to set a maximum age at which they would hire firefighters. 29 U.S.C. § 623(j) (repealed effective December 31, 1993), 630(j). Evanston, Illinois, elected not to use that privilege, and in 1989 it hired Tony Quinones, then 39, as a paramedic in its fire department. Other employees...

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