Reference no: EM131705979

Question: Davis, an Indiana State Police officer, resigned to take another job when he was aged forty-two. Two months later he asked to be reinstated to his old position. The Indiana State Police refused because of its policy that ex-troopers seeking reinstatement must meet all the requirements for new applicants. The Indiana State Police required that applicants be over the age of twenty-one and under forty-no applicant forty or over will be hired. Davis points out that the Indiana State Police allows officers to work until age sixty-five, so that had he not resigned, he would have been able to continue working at age forty-three, or fifty-five, or even sixty-four. However, because of a two month break in his service, he is now disqualified from serving because of his age. He files suit, alleging that refusal to rehire him violates the ADEA. Is Indiana's policy of not rehiring officers over the age of forty in violation of the ADEA? Explain. See Davis v. Indiana State Police [541 F.3d 760 (7th Cir. 2008)].