Judge rules with county in age discrimination case

By John Grant Emeigh - 06/12/2008

Butte-Silver Bow County didn’t violate a Butte man’s constitutional rights when it refused to hire him as a firefighter because of his age.

Steven Jaksha, 38, lost another legal battle Tuesday in his nearly two-year age discrimination fight against the county.

District Judge Kurt Krueger ruled that the county’s age limitation statute for firefighters isn’t a violation of Jaksha’s constitutional rights.

Jaksha filed his lawsuit in January 2006 after the county refused to hire him as a firefighter because he was more than 34 years old. A jury sided with the county after a December trial that same year.

Jaksha challenged the jury’s ruling in a post-trial hearing in September 2007 contending that the issue of constitutionality of the age limit policy was never decided during that trial.

Jaksha’s lawyer Rick Sherwood of Helena argued that the state age limitation policy was unconstitutional. Though a jury ruled that the county didn’t discriminate against Jaksha’s age, only a judge can rule on whether a state law is constitutional.

Lawyer Thomas Welsch, representing the county, countered during that hearing that there is nothing unlawful about the state’s age policy.

At the conclusion of that hearing, Krueger requested both sides present more written arguments and he would rule on it later.

In Tuesday’s six-page ruling, Krueger concluded that the jury correctly determined Jaksha was not unlawfully denied employment as a probationary entry-level firefighter because of his age.

Jaksha was 34 when the Butte-Silver Bow Council of Commissioners approved him as a candidate for a firefighting job. Jaksha turned 35 in April 2005, before a position became available, and was listed as no longer eligible to work as a firefighter.

Chief Executive Paul Babb, who is responsible for hiring entry-level fire- fighters, appointed a firefighter candidate younger than Jaksha to the department in June 2005.

According to Krueger’s recent ruling, Jaksha failed to testify during his discrimination trial that he would have been given the position if there wasn’t an age limitation policy.

“The court cannot conclude that the statutory limitation was the actual reason he was not appointed,” Krueger wrote in his ruling.

Krueger also concluded that under state law, local governments can’t be accused of age discrimination for hiring firefighters if the age limitation policy was established before March 3, 1983. The judge states that Butte-Silver Bow’s policy was established before that date and is not a violation of the state Constitution.

Jaksha’s phone number was listed as disconnected at the request of the owner and he couldn’t be reached for comment on Wednesday.

Sherwood said Wednesday that he and his client would have to review the judge’s ruling before deciding their next move.

“All he (Jaksha) has ever wanted was a chance to be a firefighter regardless of his age,” Sherwood said.

— Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net or by telephone, 496-5511.