Judges Sue Governor For Age Discrimination in Constitution
Here’s a unique age discrimination case coming out of the Philadelphia judiciary.
Literally, this case comes from judges. That’s because the case involves several judges who are suing. These judges, all six of them, are suing Pennsylvania Governor Tom Corbett, claiming that the Pennsylvania Constitution singles out judges on the basis of their age and orders mandatory retirement.
The judges include four from the Philadelphia Common Pleas Court.
The provision of the Pennsylvania Constitution that’s at issue involves the mandatory retirement of judges at the age of 70.
The judges say that they are being treated differently from other state officers and employees.
This is very different from the garden-variety discrimination claim. Typically, in discrimination claims, an employee brings a claim after an employer takes some action which in essence singles out the employee on the basis of age, gender, sexual orientation, race or religion.
It’s very unusual for a case to be brought against a law. But leave it to judges to raise such a complex and creative issue.
The judges are claiming that this mandatory retirement provision violates the Equal Protection Clause and the Due Process Clause.
This is interesting indeed, as age discrimination complaints usually raise the Age Discrimination in Employment Act, which forbids the unequal treatment of workers aged 40 or over in companies with over 20 employees.
Then again, this isn’t a typical age discrimination case. It’s a case alleging that the law, and not the employer, was violating the rights of the employees.
This case shows promise to go far. It’s a constitutional challenge and it won’t be surprising to see it before higher courts one day. It’s definitely one to watch.
Related Resources:
- Philadelphia Employment Lawyers (FindLaw)
- Rite Aid to Pay $250,000 for Violation of ADA (FindLaw’s Philadelphia Employment Law News)
- EEOC: Top Five Employment Claims Sued Over in Pennsylvania (FindLaw’s Philadelphia Employment News)
2012-11-19 13:23:48
Source:
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).