CopyCited 6 times | Published | Supreme Court of Florida | 12 Fair Empl. Prac. Cas. (BNA) 1003
...damus to the appellee herein, respondent therein, seeking to compel appellee to reinstate appellant as a trooper of the Florida Highway Patrol. In denying the petition for mandamus the trial court passed upon the constitutionality of Florida Statute 112.043....
...he was entitled to reinstatement appointment in the Patrol at any time within two years after he was separated from the service and the denial of such appointment by the Florida Highway Patrol was a violation of said rule. Finally, he contends that Section 112.043, Florida Statutes, which permits age discrimination in employment to positions within the state government where age restrictions have been established through published specifications is unconstitutional under the 14th Amendment to t...
...283,
13 L.Ed.2d 222, headnote 3, for the criteria as defined by the Supreme Court of the United States which must be applied in determining whether a state statute or rule with reference to classifications is violative of the Equal Protection Clause). Section
112.043, Florida Statutes is as follows: "
112.043 Age Discrimination : It shall be the public policy of the state that no officer or board, whether state or county, shall discriminate in the employment of any person solely on the basis of age....