27 Fair empl.prac.cas. 1481, 27 Empl. Prac. Dec. P 32,396, 3 Employee Benefits Ca 1076 Equal Employment Opportunity Commission v. County of Santa Barbara

666 F.2d 373 27 Fair Empl.Prac.Cas. 1481 , 27 Empl. Prac. Dec. P 32,396 , 3 Employee Benefits Ca 1076 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. COUNTY OF SANTA BARBARA, Defendant-Appellee. No. 80-5443. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1981. Decided Jan. 22, 1982. Warren Duplinsky, E.E.O.C., Washington, D. C., for plaintiff-appellant. William R. Allen, Santa Barbara, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before TANG and BOOCHEVER, Circuit Judges, and NIELSEN, * District Judge. BOOCHEVER, Circuit Judge: 1 This is an appeal from the grant of summary judgment to the employer in an age discrimination case. We reverse because no evidence was presented to indicate that age is a bona fide occupational qualification (BFOQ) for the correction officers involved or that the officers were terminated in accordance with the terms of a bona fide seniority plan. 2 * FACTS 3 The county employed Gerald Robinson and John Van Gordon as correction officers 1 from November, 1973 through June, 1975, and from January, 1974 through October, 1975, respectively.…