? about FDNY age limited rule

[laserjet5]

How does the FDNY get away with not letting people over the age of 29 taking the exam for firefighter? Am I wrong or something? Isn’t that age Discrimination? Has any one ever challenged that rule in federal Court? I herd a rumor that many people have tried change the age limited in court but lost. Is this true? Why did they lose? Any help or information on this would be grateful. Please email at ffspider95@yahoo.com

[ffbam24]

What are the age requirements?
Answer: Pursuant to Section 54 of the New York Civil Service Law and Section 15-103 of the Administrative Code, you must be at least 17½ years of age by the end of the application period and you must not have reached your twenty-ninth birthday by the beginning of the application period to be eligible to take this examination. However, you must have reached your twenty-first birthday to be eligible for appointment.


Aren't age requirements illegal?
Answer: Age requirements are not illegal. The Federal Age Discrimination In Employment Act of 1967 ( ADEA) was amended in 1995 to allow states and political subdivisions of states to impose age limitations for hiring and retirement of police officers and firefighters as long as the requirement was in effect prior to March 3, 1983, and in certain other circumstances. [Title 29,United States Code,Section 623(j)]. Accordingly, the Fire Department is authorized by federal law to impose a maximum age for the hiring of firefighters.


Can the age requirement be waived?
Answer: No. The only exception to the age requirement is for persons who were engaged in military duty as defined in Section 243 of the New York State Military Law. They may deduct from their age the length of time spent in such military duty provided the total deduction for military duty does not exceed six years.


http://nyc.gov/html/fdny/html/community/firefighter.shtml

Good luck,
bam