The Massachusetts Commission Against Discrimination recently found probable cause to support a Milton Deputy Fire Chief's claim of age discrimination in department hiring practices. John P. Foley, who was 59 at the time he sought the position of chief of his fire department, claims he was denied the position because of his age. According to the Boston Globe, the position was offered to Milton Deputy Chief John Grant, 49 at the time, after he and Foley where finalists for the position. While the town denies such discrimination existed, Foley claims Grant had “less extensive educational background or experience.” In addition, Foley's lawyer stated, "the selectmen made Mr. Foley’s age an unlawful barrier to his promotion by indicating that they were looking for a candidate who would be in the position for at least 10 years and whose age would not require them to go through the selection process again in several years."After an 18 month investigation, the Commission ruled in support of Foley's claim after it found that the town had “failed to provide sufficient evidence to show a credible reason why Grant was chosen."
Both sides have six months to prepare for a hearing.