Maximum age to become a firefighter
The maximum age to become a firefighter is currently 28 years old, but this may soon be raised to 30. Officials at the FDNY say the goal of the bill is to increase the proportion of people of color and women within the ranks. Councilwoman Elizabeth Crowley (chair of the City Council's Committee on Fire and Criminal Justice) has endorsed the bill. It received both praises from its supporters as well grave concern from the opponents.
Although the fire service does not discriminate against applicants over 40, older candidates are more likely to have the skills and attributes necessary for the job. While an older person might be physically fitter than a 40 year-old, the same person may not have the same speed and determination as someone twenty years older. Additionally, older applicants may have more years of experience with physical labor than younger ones.
Exceptions to the age limit
Although the general age limit for firefighters in the United States is 35, there are exceptions. An example is a person who served in the armed forces. A 29-year-old may be eligible for a position as a firefighter. You may also be eligible if you have worked in another industry and are not currently employed by the fire department.
McCloskey's case is an example. In this case, the plaintiff was an EMT with the FDNY. He challenged the age limit. The New York state supreme court ruled in the McCloskey case that the age limit for firefighters was constitutional. O'Donoghue's suit was not affected.
Firefighting is physically demanding. However, it also requires intensive training. Even though some fire departments don't allow firefighters older than 18, volunteers can still be accepted. National Volunteer Fire Council also has a program for junior firefighters.
ADEA application for state and local firefighters: Effect of age limit
The federal Age Discrimination in Employment Act covers all firefighter employers. This includes state and local fire departments. Employers do not have to hire anyone under 21 years. In Mount Lemmon Fire District in v. John Guido the Supreme Court addressed that age limit issue.
Employers can use the ADEA to determine if a retirement age is appropriate under the circumstances. BFOQ is one example of such an exemption. Employers must be able to justify the BFOQ's age limit for nonfederal firefighters.
A few exceptions permit state and local governments, among others, to establish an age limit. Some exemptions are unusual, such as those for firefighters. However, many employers are still subject to age restrictions. The Age Discrimination in Employment Act of (ADEA), originally passed to prohibit age discrimination in the workplace, was later repealed.