# Equal Employment Opportunity Commission v. Kentucky State Police Department

> Court of Appeals for the Sixth Circuit · January 13, 1989 · 860 F.2d 665

URL: https://www.frixlaw.com/law-library/cases/9478315

## Case

- **Full name:** EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. KENTUCKY STATE POLICE DEPARTMENT, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** January 13, 1989
- **Citations:** 860 F.2d 665
- **Precedential status:** Published
- **Opinion:** Dissent by Engel
- **Judges:** Engel, Kennedy, Edwards
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9478315

## How later opinions describe it (automated extraction)

- finding that, in absence of program for testing physical fitness, a mandatory retirement age of 55 was not a BFOQ

## Opinion text

ENGEL, Chief Judge,
dissenting.
I respectfully dissent. Contrary to the conclusion of the majority, I agree with United States District Judge Bertelsman that the Kentucky State Police Department has adequately demonstrated a bona fide occupational qualification in this case.
In EEOC v. Tennessee Wildlife Resources Agency, 859 F.2d 24 (6th Cir.1988), a companion case which we heard with this case, plaintiffs challenged the mandatory retirement age for Tennessee conservation officers. In that case, despite the fact that mandatory retirement would protect older conservation officers from the dangers of working alone and far from any assistance, I concurred in invalidating the mandatory retirement policy; the record there disclosed inconsistent application of the policy and revealed a lack of bona fides by the State of Tennessee.
This case, however, discloses no such lack of good faith by the Kentucky State Police. Accordingly, I would affirm for the reasons set forth in Judge Bertelsman’s district court opinion of December 17,1986.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9478315. Public record. Not legal advice.