CORREA-RUIZ v. FORTUNO

No. 06-2578.

573 F.3d 1 (2009)

Carmelo CORREA-RUIZ, Former Colonel, et al., Plaintiffs, Appellants, Daniel Garcia, et al., Movants, v. Honorable Luis FORTUÑO, in his Official Capacity as Governor of the Commonwealth of Puerto Rico, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 7, 2009.


Attorney(s) appearing for the Case

Ariel Hernandez Santana, with whom Jesus Hernandez Sanchez and Hernandez Sanchez Law Firm were on brief, for appellants.

Susana I. Peñagarícano-Brown, Assistant Solicitor General, with whom Salvador J. Antonetti-Stutts, Solicitor General, Mariana Negrón-Vargas, Deputy Solicitor General, and Maite D. Oronoz-Rodríguez, Deputy Solicitor General, were on brief, for appellees.

Before LIPEZ and HOWARD, Circuit Judges, and DiCLERICO, District Judge.


LIPEZ, Circuit Judge.

The Age Discrimination in Employment Act ("ADEA") contains an exemption provision that allows state and local governments to set mandatory retirement ages for law enforcement officers and firefighters. See 29 U.S.C. § 623(j). In this case, we examine for the first time revised criteria for invoking that exemption, including a provision that conditions its use on the employer's compliance with fitness testing regulations that have...

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