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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17213
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Im in a college jogging class. The final grade is based on

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I'm in a college jogging class. The final grade is based on a 30-minute performance test, however there are categories for age and sex. For full credit, men under 30 must run 4 miles, men between 30-40 and women under 30 must run 3.5 miles, and men and women over 40 must run 2 miles. Considering the school receives federal and state funds, would there be a case regarding discrimination?

WALLSTREETLAW :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETLAW :

This could be discrimination, if the school cannot justify the reason for the discrimination,

WALLSTREETLAW :

under the law discrimination is allowed if the school can prove a justification, in this case, they would claim due to physical gender differences female students should have a different final then the men.

Customer:

Okay. But would it be discrimination considering that age isn't like a light switch, I'm 29 on the verge of 30. It's not like overnight I will optimally need to run 25% less on my 30th birthday

WALLSTREETLAW :

that is true however age discrimination is allowed for students under 40,

WALLSTREETLAW :

so the age issue would not be allowed, the gender issue is where they could be litigation, unless the school can prove a rational basis for the differences,

WALLSTREETLAW :

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It

Customer:

And that applies to students?

WALLSTREETLAW :

yes, age discrimination among students in colleges would be protected by the EEOC, if the discrimination was against older students, not younger,

WALLSTREETLAW :

You can also review the University policy regarding discrimination,

WALLSTREETLAW :

they may include age as well,

WALLSTREETLAW :

and if they do you can try to argue that the age basis for the discrimination is invalid, and violates the University policy against discrimination.

Customer:

Okay. So if my school is getting federal funds, would it have to comply with the Executive Order 13,160?

Customer:

In addition, Executive Order 13,160 prohibits discrimination based on race, sex, color, national origin, disability, religion, age, sexual orientation, and status as a parent in federally conducted education and training programs

WALLSTREETLAW :

Yes, the school would have to follow the Federal law as per the executive order, 3-306. The prohibition on discrimination on the basis of age provided in this order does not apply to age- based admissions of participants to education or training programs, if such programs have traditionally been age-specific or must be age- limited for reasons related to health or national security.

WALLSTREETLAW :

They would have to justify the age policy,

Customer:

I see. I suppose they have a proper explanation for that. The metrics just doesn't seem right to me, but I guess I'll let it go and write it off as a loss.

WALLSTREETLAW :

You can send a letter to the Professor asking for an exemption, advising him that the age cutoff does not make sense as you are 29,

WALLSTREETLAW :

Many time special circumstances are considered and the Professor may give you an exemption.

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

Sounds good. Thanks for the help.

WALLSTREETLAW :

good luck.

WALLSTREETLAW :

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WALLSTREETLAW :

Thank you

Customer:

Will do, thanks.

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