EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. COUNTY OF LOS ANGELES, Defendant-Appellant

The County of Los Angeles (the County) appeals from the district court’s judgment finding the County in violation of the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq., (ADEA). The central issue is whether the district court properly found that age under 35 is not a Bona Fide Occupational Qualification (BFOQ) for entry level employment of deputy sheriffs and fire department helicopter pilots.

There is no dispute that the policy and practice of the County is to reject applications of persons 35 years and above who seek positions as deputy sheriff or fire helicopter pilots, and that they are rejected solely on the basis of age.

At trial and on appeal the main factual dispute concerned the effectiveness of available testing in identifying individuals who have asymptomatic cardiovascular disease. The County emphasized the increase in cardiovascular disease in the 40-50 age group and the difficulty of identifying employees at risk. EEOC emphasized that the real issue was the present physical condition of the applicants and emphasized the accuracy of certain tests, when considered with individual risk factors such as smoking, weight, family history,…