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4 N.J.A.R. 407
- Pineman, August L. v. Paramus, Borough of and Paramus Volunteer Fire Department
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- Citation: 4 N.J.A.R. 407
- Decision Date: 1981
- Agency: DIVISION ON CIVIL RIGHTS
- Synopsis: Petitioner contested the refusal of the Paramus Volunteer Fire Department to accept him as a fireman based upon an ordinance of the Borough of Paramus which provided a maximum age of 40 for volunteer firemen. The administrative law judge assigned to the case determined that such a local ordinance was in clear conflict with the State's Law Against Discrimination and thus must fail. In addition, the judge concluded that the Legislature has prohibited the establishment of a maximum age as a bona fide occupational qualification. Accordingly, the judge ordered that the maximum age provision be eliminated and that petitioner be permitted to become a member of the volunteer fire department. Susan L. Reisner, Deputy Attorney General, for petitioner (James R. Zazzali, Attorney General of New Jersey, attorney) Joseph S. DiMaria, Esq., for respondent
- Citation Tracker adopted-Div, on Civil Rights; affirmed -App. Div., A-5336-80, 2/28/84 (unreported) [Updated through 1991]
- Synopsis: Petitioner contested the refusal of the Paramus Volunteer Fire Department to accept him as a fireman based upon an ordinance of the Borough of Paramus which provided a maximum age of 40 for volunteer firemen. The administrative law judge assigned to the case determined that such a local ordinance was in clear conflict with the State's Law Against Discrimination and thus must fail. In addition, the judge concluded that the Legislature has prohibited the establishment of a maximum age as a bona fide occupational qualification. Accordingly, the judge ordered that the maximum age provision be eliminated and that petitioner be permitted to become a member of the volunteer fire department. Susan L. Reisner, Deputy Attorney General, for petitioner (James R. Zazzali, Attorney General of New Jersey, attorney) Joseph S. DiMaria, Esq., for respondent