Law Enforcement and the Aging Process

The requisite musical interval clause, or forced solitude at a trusted age for police officers was formally upheld in 1996, as the lobbying efforts of the Fraternal Order of Police were successful in pleading their case. The group argued that mandatory separation should be enforced because of the natural requirements of the personate.They believe that an officers ability to physically meet the demands fixed his or her body at a certain age by disposition diminish, which places the officer in imminent danger. Jim Pasco, the FOP director, stated that Its not only harder to defend yourself, but think of the very strenuous nature of, for example, the foot chase. (Kennedy, 2007)The director did admit, withal that not all police departments contain to enforce mandatory separation based upon officers reaching a certain age, as umpteen departments believe its harder to recruit new officers and high-priced to train them. (Kennedy, 2007)Pascos comments were in response to the No vember 2007 fatal shooting and demolition of Broward, Floridas Deputy Paul Rein, age 76. Many believe that the delegates death could down been prevented had the department enforced the mandatory separation policy state and local law enforcement agencies be allowed when an officer reaches a certain age. While transporting a convicted armed robber to stand running play in another location the inmate gained control of the deputys evict arm and fatally shot the officer.Deputy Reins effortless duty was to transport inmates between secure locations and according to the department this was a duty older officers could handle. Rein was considered safe, as he transported the prisoners while riding in a secure vehicle that contained a locked cage. Fellow officers however reported that they viewed Rein let the accused inmate out of a medical vehicle prior to his death, which put the officer in danger and violated department policy. (Kennedy, 2007)Though most workers argon protected by inexorable federal laws prohibiting discrimination based on age, there are near elisions to the rule. The Age Discrimination Act of 1967 (ADEA) is the federal political sciences vindication to employees over the age of 40 that work for a regulated employer. (Pellicciotti, 1991)The ADEAs laws are not limited to those who hold a current position these laws alike provide protection during the hiring process, salary increases, promotions and more. State and local government employees are excluded from much of the ADEAs protection, as the government is not considered a regulated employer.Those workers are protected by the EEOC, which enforces the same discrimination laws. native limitations are placed on the civil servant the state and local law enforcement officers and fire fighters, due to the demands of the position and taking into consideration the concomitant that age may limit an officers ability to perform. (Pellicciotti, 1991)Law enforcement officers have limited protect ion under the ADEA, as the Act allows the government employer to interrupt to hire or discharge the law enforcement officers because of age if specific stipulations are met. (Pellicciotti, 1991)The ADEA allows the government employer to discriminate against law enforcement officers because of age if the action is taken (1) with look on to the employment of an individual as a firefighter or as a law enforcement offers and the individual has attained the age of hiring or solitude and (2) pursuant to a bona fide hiring or retirement plan. (Pellicciotti, 1991) The ADEA will protect officers if the retirement option presented to the civil servant is not legitimate.The ADEAs definition of employer also excludes the federal government and, like the state and local government workers, these workers are covered under the EEOC. The federal government established a mandatory separation clause specific to federal law enforcement officers, fire fighters and glory traffic controllers. Under 4 U.S.C Sec. 8335 (a), (b), & (c) federal workers holding these three positions are required to comply with the mandatory separation policy established by the federal government and this clause is heavily enforced. (Pellicciotti, 1991)Experts on both sides of the cable agree that the bottom line is employing the outmatch possible law enforcement officers and fire fighters. Many believe that the age limitation is non-existent, as Broward Sherriffs incision spokesman Elliot Cohen stated there are different roles that can be make full by individuals of all ages. (Kennedy, 2007) Still, the ADEA allows state and local law enforcement officers to be the exception to the rule however in the case of officer Rein many have once again posed the question is age the best proxy for reaching that goal? (Kennedy, 2007)ReferencesKennedy, K. (2007). Death of Deputy, 76, Raises Age Question. Gefunden am November 9,2007 unter http//www.highbeam.com/ physician/1A1-D8SQF39O0.htmlPellicciotti, J. M. ( 1991). Exemptions and employer defenses under the ADEA. Public PersonnelManagement , 20