Discrimination comes in many different forms. Just when you think society has moved a step forward you find we’re still hanging out two steps behind. According to the U.S. Equal Employment Opportunity Commission the Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age.

Imagine being an approved candidate for a firefighting job but oops, you made the mistake of turning 35 years old and an opening hadn’t become available so you’re out of luck, no longer eligible. In 2005 that’s just what happened to Steven Jaksha of Butte, Montana. In January 2006 he filed a lawsuit against the county after being refused a job at Butte-Silver Bow Fire Department due to his age.

Believe it or not when the case hit the Butte district court the jury ruled in favor of the county. He appealed the verdict in the district court and lost again. He went on to the state’s Supreme Court earlier this year to appeal the verdict.

On Tuesday, the high court agreed that the state law setting an age limit for hiring new firefighters is unconstitutional. The ruling effectively makes the state law requiring new firefighters to be 34 or younger unconstitutional and drops the age limit for hiring firefighters statewide.

However, the high court didn’t reverse the jury’s verdict or post-trial rulings in the Butte district court. It felt that Jaksha failed to demonstrate or allege the county acted with malice or corruption when it didn’t hire him, because it was technically following state and local law at the time. Unfortunately for Jaksha this means no new trial or any compensation for damages by the county.

Jaksha now 39, who plans to take the firefighters test again in June 2010, told The Montana Standard he has mixed feelings about the high court’s decision.

“After reading the opinion Wednesday morning, I said, ‘I won, but I lost,’” he said.

Sources: EEOC.gov, Texas-Fire.com

Share This

Less than a month ago off-duty Firefighters John and Joel Rechlitz rescued David “DJ” Harper and his mother and sister from their burning vehicle that crashed and instantly burst into flames in a Milwaukee neighborhood.

On Monday, August 17th, 32 southeastern Wisconsin Culver’s restaurants are donating ten percent of the day’s sales to the David “DJ” Harper Fund at U.S. Bank. What better day to go out for lunch (what the heck, dinner too) for a butterburger (maybe a salad the second time around) and then cool off with some custard.

View a complete listing of participating Culver’s restaurants

DJ Harper, who suffered severe burns over 20 percent of his body, is being treated at Children’s Hospital of Wisconsin, officially moved out of ICU this morning.

“He’s doing really good. We actually had him out in the wheel chair today, and doing some physical therapy and he ate his first popsicle since he’s been woke up,” his mother, Angela Harper said.

To keep up with DJ’s recovery please check out www.caringbridge.org/visit/djharper and www.HelpingDavid.com.

Sources: CaringBridge.org, Helping David.com, WISN.com

Share This

Alaris System (Cardinal Health)

Audience: Hospital risk managers

[Posted 08/05/2009] FDA notified healthcare professionals of the Class 1 recall of various modules of Cardinal Health’s Alaris System, electronic infusion pumps that deliver controlled amounts of medications or other fluids to patients through an intravenous, intra-arterial, epidural, and other routes of administration. The firm initiated the recall after identifying five problems that affected the Alaris System, including failure of the occlusion warning message, syringe volume warning message, electrostatic discharge protection circuitry and fluid ingress tubing. It was determined that the five failures may result in patients experiencing under- or over-infusion which may result in serious injury or death. The device is intended for use with adult and pediatric patients in hospitals including critical care units, emergency rooms, outpatient surgical centers, hospices, and nursing homes. 

More info on Alaris System Class 1 Recall

Source: FDA.gov

Share This