American Federation of Teachers College Guild v. Board of Trustees

The facts are undisputed. Petitioner, American Federation of Teachers College Guild, Local 1521 (“Union”), sought a writ of mandate requiring respondent Los Angeles Community College District Board of Trustees (“Board”) to retain certified teachers until the age of 67 and thereafter unless, after reaching such an age, it is determined that the teacher is “physically or mentally incapable” of carrying out his or her teaching duties.

•The petition also sought the reinstatement of all teachers who were involuntarily retired by the Board at age 65 pursuant to Board rule I960 which states: “An employee "shall not be retained in service beyond the close of the school year in which he attains the 65th anniversary of his date of birth.”

Each of the two teachers on whose behalf this proceeding is maintained had attained the age of 65 during the school year ending in June 1974. Each was and is in good health, competent, and well qualified, but was forced to retire in June 1974 because of rule. 1960.

Union contends that: the mandatory retirement rule employed by Board violates the due process and equal protection clause of the Constitution; Board should be required to show a…