There’s a problem with the intention of the federal government to disqualify local Immigration officers who are 37 years or older from applying for the federal immigration positions in the CNMI. Mr. Melvin Grey said “one of criteria is that persons cannot occupy a law enforcement position in the federal government if they are 37 years old or older. Right there, that excludes 21 of our people immediately.” This is a direct violation of the federal Age Discrimination in Employment Act of 1967 or ADEA.
29 U.S.C. subsection 623(a) and 631(a) states in part that “ADEA prohibits discrimination on the basis of age against persons who are at least 40 years of age. This includes discrimination in recruitment, hiring, discharges, compensation or other terms and conditions of employment.”
I must apologize to those Immigration employees who are under the age of 40. The law does not protect you.
Additionally, employment laws do not discriminate individuals under the protected classification such as race, color, national origin, sex and pregnancy, ethnicity, religion, veteran status, age, disability, ancestry, work injury and union sentiment. Do not be discouraged by the employment criteria, APPLY NOW!
If Mr. Grey’s statement is correct about the hiring criteria, then the question to ask is, “How would the employment criteria survive a potential age discrimination lawsuit?” The Age Discrimination in Employment Act of 1967 is applicable to private and public sector employment.
I strongly recommend that the current Immigration officers who are 40 years old and above to start looking for remediation on the issue. Do not wait. At the same time apply for the federal immigration positions NOW! You have nothing to lose but more to gain. Thank you!
JUAN I. TENORIO
As Matuis, Saipan
