Robert F. McBrayer, et. al. And Equal Employment Opportunity Commission

v.

City of Marietta

United States District Court, Northern District of Georgia, Atlanta Division Civil Action Nos. 1:85-CV-4731-HTW and 1:86-CV-1798-HTW

Liability Facts: Six individual plaintiffs filed this action under the Age Discrimination in Employment Act seeking to correct unlawful employment practices on the basis of age and to recover past and future wage and pension benefit losses resulting therefrom. Plaintiff E.E.O.C. joined this action and sought relief on behalf of an affected class of all persons employed by the City of Marietta as police officers who wished to remain employed beyond the age of 55. The plaintiffs alleged that the City of Marietta forced them individually, upon attaining age 55, to retire from their employment as police officers because of their age. The plaintiffs further contended that mandatory retirement age of 55 was not a reasonably necessary qualification for the job of police officer, that individuals aged 55 and older were capable of performing duties associated with that job and that testing for qualifications could be accomplished on an individual basis. The City of Marietta contended that it was immune from liability in that its actions in forcing all police officers to mandatorily retire at age 55 were taken in good faith, conformity with and reliance upon an administrative order, ruling and approval of the E.E.O.C. The city further contended that some of the plaintiffs claims were barred by the statute of limitations and laches and that due to the passage of time the plaintiffs had waived their rights to complain of the city’s action. They city was successful in barring four of the plaintiffs’ claims on these grounds. The city also contended that age 55, in and of itself constituted a Bonafide Occupational Qualification Test under which a fair evaluation of a police officer’s ability to safely and effectively perform his job could be made. The jury’s verdict in favor of plaintiffs Robert F. McBrayer, William C. Haberland and Harold P. Craft was based upon an award of past and future wage and pension benefit losses, plus interest. The jury found that the city violated the rigts of Craft willfully, thereby authorizing an award of liquidated damages.

Expert Witnesses for Plaintiffs:  Dr. David B. Pryor, M.D., Cardiologist; Dr. Bryant Stamford, Ph.D., Physiologist; Dr. Richard J. Cebula, Ph.D., Economist.

Expert Witnesses for Defendant:  Dr. Alexander Lind, Ph.D., Physiologist; Albert M. Antlitz, M.D., Cardiologist.

Settlement:  Jury verdict for $742,589.00.

Attorneys:

E.E.O.C. represented by Maureen G. Malone and Cheryl P. Smith, Atlanta.

Defendant represented by Lynn A. Downey and Joseph C. Parker, Marietta.