alleging that refusal to rehire him violates the ADEA?

Question
Davis, an Indiana State Police officer, resigned to take another job when he was age forty-two. Two months later he asked to be reinstated to his old position. The Indiana State Police refused because of its policy that ex-troopers seeking reinstatement must meet all requirements for new applicants. The Indiana State Police required that applicants be over the age of twenty one and under forty–no applicant over the age of forty would be hired. David points out that the Indiana State Police allows officers to work until age sixty-five, so that had he not resigned, he would have been able to continue working at age forty-three, or fifty-five, or even sixty four. However, because of the two-month break in his service, he is now disqualified from serving because of his age. He files suit, alleging that refusal to rehire him violates the ADEA? Explain. (Davis Vs. Indiana State Police)

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