Equal Employment Opportunity Commission v. County of Los Angeles

Memorandum and Order

This is a motion pursuant to F.R.C.P. 62(c) for a stay of an injunction pending appeal. Specifically, defendant seeks a stay of this court’s order, issued on December 21, 1981, restraining the defendant from limiting the employment of applicants for the position of Entry Level Deputy Sheriff and Helicopter Pilot, Fire Services, to those individuals who have not yet attained the age of thirty-five (35). Essentially, that order is based on this court’s finding that defendant’s policy of limiting hiring for those positions to persons under the age of thirty-five is violative of the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29 U.S.C. § 621 et seq. See EEOC v. County of Los Angeles, 526 F.Supp. 1135 (C.D.Cal.1981).

In order to obtain a stay of the injunction pending appeal, defendant must: (1) make a strong showing that it is likely to succeed on the merits of the appeal; (2) establish that unless a stay is granted it will suffer irreparable injury; (3) show that no substantial harm will come to other interested parties; and (4) show that a stay will do no harm to the public interest. See Long v. Robinson, 432 F.2d 977 , 979 (4th Cir.…