Baker v. Atkins

upholding bus company’s refusal to hire new drivers past age 35 because of the potential danger of accidents from driver error due to age | requiring bus company to demonstrate a “rational basis in fact” that elimination of maximum hiring rule for drivers would increase the risk of harm to passengers | requiring bus company to demonstrate a “rational basis in fact” that elimination of maximum hiring rule for drivers would increase the risk of harm to passengers | requirement that applicants for bus-driving position be younger than 35 years of age upheld on safety grounds | “ ‘Pennsylvania law does not allow a state agency to create tenure unless the legislature specifically grants the agency the power to do so.’ ” | where the Seventh Circuit held that an employer who is engaged in inherently dangerous activities, or whose business is primarily safety-related, need only show “a minimal increase in risk of harm” to estab lish the BFOQ defense | employer need demonstrate only a “minimal increase in risk of harm ... to show that elimination of the hiring policy might jeopardize the life of one or more persons that might otherwise occur under the ... hiring practice”