Why can't I escape seeing these things? I wanna be free!
It sounded like a pretty clear-cut case of age bias – but a federal appeals court said it’s not.
Under Alabama law, no member of the board of trustees of Alabama State University can serve on the board past September 30 following his 70th birthday.
Joe Reed, who was set to hit 70 before his term on the board expired, sued the governor and chair of the board to block his removal. He said the age limit was unconstitutional because it violated the Equal Protection Clause of the Fourteenth Amendment.
No dice, the Eleventh Circuit appeals court said. Relying heavily on the Supreme Court’s ruling in Gregory v. Ashcroft, 502 U.S. 452 (1991), it said the mandatory retirement provision was constitutional because it satisfied rational basis review.
Cite: Clark v. Riley.