vance bradley argued november decided february section foreign service act requires persons covered foreign service retirement system retire age though mandatory retirement age established civil service employees including serve abroad held violate equal protection component due process clause fifth amendment pp standard rationality rather strict scrutiny used determining whether statute violates equal protection massachusetts board retirement murgia pp congress recognized distinctive requirements associated conduct country foreign relations provided personnel policies foreign service relatively small homogeneous particularly able corps separate apart civil service system one differences earlier retirement age foreign service officers specified operates conjunction statutory selection provisions part integral plan create correctly balanced foreign service constructed size various classes correspond distribution work load service selection operating primarily lower compulsory retirement higher foreign service levels pp section also furthers congressional purpose removing foreign service sufficiently old may less dependable younger persons facing rigors overseas duty since congress attached special importance high performance conduct foreign relations rational avoid risks older employees foreign service engaged activity tolerating risks involved older civil service employees work abroad pp another reason equating situation respect civil service employees serving overseas foreign service relatively small group latter category serve overseas posts one time whereas civil service employees overseas service one time service mainly voluntary basis pp even classification issue extent underinclusive overinclusive perfection required satisfy equal protection standards imperfection exists rationally related secondary objective legislative convenience pp appellees satisfied burden demonstrating congress reasonable basis believing conditions overseas generally demanding country age many persons begin decline pp white delivered opinion burger brennan stewart blackmun powell rehnquist stevens joined marshall filed dissenting opinion post solicitor general mccree argued cause appellants brief assistant attorney general babcock leonard schaitman neil koslowe herbert hansell michael glass zona hostetler argued cause appellees brief bruce terris catherine waelder filed brief american foreign service assn amicus curiae urging reversal briefs amici curiae urging affirmance filed alfred miller american association retired persons william mahannah pellerzi american federation government employees claude pepper pro se edward howard claude pepper et al howard eglit mark shenfield david marlin national council senior citizens justice white delivered opinion issue presented whether congress violates equal protection component fifth amendment due process clause requiring retirement age federal employees covered foreign service retirement disability system covered civil service retirement disability system district convened hear challenge constitutionality federal statute appellees group former present participants foreign service retirement system treating case submitted cross motions summary judgment district examined affidavits allegations presented sides held distinction invalid gave judgment appellees supp dc noted probable jurisdiction reverse statutory provision attack foreign service act stat amended mandates retirement age participants foreign service retirement system system originally covered foreign service officers state department expanded include foreign service reserve officers unlimited tenure career foreign service staff officers employees foreign service information officers career staff international communication agency certain employees agency international development unlike employees personnel covered civil service retirement system presently face mandatory retirement age suit brought required retire age appellees suggested statutory distinction foreign service personnel age federal employees age burdens suspect group fundamental interest cases considerations absent courts quite reluctant overturn governmental action ground denies equal protection laws constitution presumes absent reason infer antipathy even improvident decisions eventually rectified democratic process judicial intervention generally unwarranted matter unwisely may think political branch acted thus overturn statute unless varying treatment different groups persons unrelated achievement combination legitimate purposes conclude legislature actions irrational district parties agreement whether violates equal protection determined standard stated massachusetts board retirement murgia similar cases thus section valid rationally related furthering legitimate state interest arguing easily satisfies standard appellants submit one legitimate substantial goals recruit train assure professional competence well mental physical reliability corps public servants hold positions critical foreign relations often serve overseas frequently difficult demanding conditions must ready assignments time neither district appellees dispute validity goal appellants also submit compulsory retirement age furthers end two principal ways first integral part personnel policies service designed create predictable promotion opportunities thus spur morale stimulate superior performance ranks second removing service sufficiently old may less equipped less ready younger persons face rigors overseas duty foreign service district rejected latter submissions view erred instance ii least since enactment rogers act created foreign service reorganizing diplomatic consular services single entity congress recognized distinctive requirements associated conduct country foreign relations provided personnel policies foreign service separate apart general civil service system among differences foreign service officers subject earlier retirement age true civil service congress continued give special attention foreign service passed foreign service act stat amendments still effect act reorganized foreign service provided new personnel structure revised retirement system intention produce disciplined mobile corps trained men entry bottom basis competitive examination advancement merit positions command furtherance fundamental career principle earlier established service congress found promotion system must insure rapid advancement men ability positions responsibility elimination men reached ceilings performance thus initial selection basis merit foreign service officers also classified based individual abilities regularly examined promotion selection boards officers failing measure performance expected class failed win promotion within allotted time selected aim stimulate superior performance retain capable conducting manner widely different assignments around world also compulsory retirement age classes foreign service officers lowered provision grouped sections act together sections prescribe criteria length service classes determine whether officers selected retired supra designed assure reasonable pyramid promotion ibid retirement provisions part integral plan create correctly balanced service constructed size various classes correspond distribution work load service ibid selection operates primarily lower levels service compulsory retirement operates top pyramid congress required officers category career ministers class retire ages respectively officers subject selection act congress expressly noted respect class mandatory provisions retirement age accomplish desired result insuring class district nevertheless rejected justification stating conclusory fashion recruiting promoting younger people solely youth inherently discriminatory provide legitimate basis statutory scheme whether sound legal proposition think district mischaracterized purpose manner operates congress intent rewarding youth qua youth stimulating highest performance ranks foreign service assuring opportunities promotion available despite limits number personnel classes number positions service aiming superior achievement hardly characterized illegitimate equally untenable suggest providing promotion opportunities process early retirement play acceptable role process previously observed respect structure provided congress naval officers model foreign service act scheme results flow promotions commensurate navy current needs serves motivate qualified commissioned officers conduct may realistically look forward higher levels command schlesinger ballard district also rejected justification obvious reason equally apply civil service criticism ignores evident congressional conviction country great pains assure high quality occupying positions critical conduct foreign relations world congress plainly intended create relatively small homogeneous particularly able corps foreign service officers thought tasks performed corps sufficiently demanding important nation necessary pursue rigorous policies ensure excellence generally applicable government system civil service example competitive examination process generally rigorous far wider variations nature various civil service positions personnel perhaps congress someday attempt devise regime one federal employees determined employ connection deems distinctive groups foreign service see also civil service reform act pub stat creating senior executive service judgment foreign service needs system many departments one policy kind policy constitutional system ordinarily fixed people acting elected representatives firemen chicago since congressional judgment place high value proper conduct foreign affairs hardly said constitutionally impermissible district refuse accept iii appellants also submit foreign service involves extended overseas duty difficult often hazardous conditions wear tear members corps comes time posts filled younger persons mandatory retirement said minimizes risk less superior performance reason poor health loss vitality respect appellants accurately reflect legislative record without doubt articulates purpose maintaining competent foreign service relationship required retirement goal indicated rogers act retirement foreign service officers required whereas relevant statute retirement age civil service employees sufficient length service years age choosing lower age foreign service considered choice principal sponsor legislation identified reason retiring foreign service military officers earlier civil service employees think analogy foreign service officer army officer naval officer much complete employee washington officer going hither yon world giving fixed places abode often rendering difficult hazardous service prime importance call attention gentleman fact kind service men must render involves going tropics involves difficult unsettling changes mode life consensus opinion country better retire general rule cong rec rogers district deny legitimacy legislative purpose assure vigorous competent foreign service reject proposition mandatory retirement provision rationally deemed serve end thus assumed overseas duty demanding stateside duty age often less able face rigors foreign service district nevertheless invalidated deemed discriminate older foreign service employees older employees civil service serve overseas comparable positions nearly long foreign service personnel yet forced retire age small percentage civilians working foreign countries government within scope according district patently arbitrary irrational impose disadvantage early retirement upon relatively first difficulty conclusion ignores already pointed namely congress legislated separately foreign service gone great lengths assure conducting foreign relations sufficiently competent reliable respects congress attached special importance high performance positions seems us quite rational avoid risks connected older employees foreign service tolerate risks civil service whether individual judges may agree assessment courts reject putting aside rational basis sustaining however district error reasons invalidating statute ground civil service employees serving overseas similar conditions facing comparable hardships also subject burden early retirement subject compose relatively small group public servants furnishing required professionalism foreign service approximately serving overseas posts one time almost subject assignment posts time condition employment person assigned reassigned regularity spends substantial portion career overseas even accepting district judgment civil service employees serve foreign posts conditions trying faced foreign service officers latter trained experienced performing tasks foreign service freely interchangeable civil service employees thus appear sensible government take steps assure members service capability rendering superior performance satisfying conditions service true civil service approximately employees serve overseas one time foreign duty main voluntary matter unwilling hold congress deems early retirement useful device maintain quality foreign service may nevertheless adopt without insisting retirement age civil service employees least civil service employees choose seek career overseas service order staff overseas civil service positions sufficiently competent persons congress obviously thought useful provide retirement age least date judgment otherwise respect foreign service judgment invalid denial equal protection even classification involved extent underinclusive overinclusive hence line drawn congress imperfect nevertheless rule case like perfection means required phillips chemical dumas school accord san antonio school dist rodriguez provision offend constitution simply classification made mathematical nicety dandridge williams quoting lindsley natural carbonic gas increasing age brings increasing susceptibility physical difficulties district apparently willing assume fact individual foreign service employees may able perform past age invalidate similar truth undercut compulsory retirement age uniformed state police murgia congress desired maintain competence foreign service mandatory retirement age rationally furthers legitimate objective makes difference foreign service personnel may subject rigors overseas service civil service employees serve various hardship positions foreign lands accept imperfection turn rationally related secondary objective legislative convenience foreign service retirement system civil service retirement system packages benefits requirements restrictions serving many different purposes congress decided include groups employees within one system made judgments light amalgamations factors congress entitled conclude certain groups employees share characteristics foreign service officers civil service personnel even though serving long important overseas posts employees share characteristics civil service personnel foreign service officers even though serving time overseas positions congress chose examine exactly individual employees likely serve long enough important enough positions demanding enough locales warrant mandatory early retirement rather abandoning primary end completely unnecessarily including federal employees within means drew line around groups employees thought generally pertinent objective whether district think congress unwise choosing means precisely related primary purpose irrelevant califano jobst new orleans dukes iv despite appellees urge us affirm judgment basis relied upon district mandatory retirement age relation objective reliable service important foreign posts overseas conditions often fact taxing arriving insufficient relationship reduced physical mental potential appellees rely particular posture case cross motions summary judgment point affidavits state many overseas posts comfortable safe many foreign service personnel health problems employees mandatory retirement age fill fair share hardship posts age related susceptibility certain diseases ailments commonly linked life overseas appellees seem believe appellants current empirical proof health energy tend decline somewhat age offer proof district perusal statute sustained evidence course argue powerfully sustaining statute see murgia case equal protection cases recurringly involves legislative classification contained statute ordinary civil litigation question frequently party shown disputed historical fact likely true equal protection case type however challenging legislative judgment must convince legislative facts classification apparently based reasonably conceived true governmental decisionmaker lindsley natural carbonic gas accord schilb kuebel maryland ins see mcginnis royster finding legislature concluded rationally certain facts true williamson lee optical said slightly different context district responsibility making findings fact certainly authorize resolve conflicts evidence legislature conclusion even reject legislative judgment basis without convincing statistics record support legislative viewpoint constitutes nothing district case said pure speculation firemen chicago makes difference facts may disputed effect opposed argument opinion serious strength within competency courts arbitrate contrariety rast van deman lewis ordered footnotes appellees also urged district mandatory retirement age violated age discrimination employment act executive order civil service regulations single district judge rejected nonconstitutional claims bradley kissinger supp dc appeal taken appellees abandoned nonconstitutional claims see participation system defined recently average employees per year mandatorily retired stat stat see also stat including years continuous service stat stat age discrimination employment act amendments stat repealed age discrimination employment act amendments stat since age factor present groups gravamen appellees claim developed discriminates basis job classification district originally stated besides distinction foreign service civil service personnel appellees also claim section discriminates reached age sixty younger response appellants complaint issue case appellees stressed eschewing claim case claiming foreign service employees forced retire without rational basis earlier age government employees generally plaintiffs memorandum points authorities response defendants motion reconsideration july district accepted appellees invitation remove opinion sentence accompanying discussion expressly finding contention abandoned order july see also plaintiffs memorandum points authorities opposition defendants motion dismiss alternative summary judgment brief appellees tr oral arg san antonio school dist rodriguez congress recent action respect mandatory retirement ages shows political system working see supra accompanying text indeed house preserved foreign service provision least time allow appropriate international relations committee study issue cong rec senate report general discussion act identical house report cf accord emphasizing career concept cong rec richards foreign service career service man enters bottom works way committee foreign affairs wrote foreign service act congress adopted principle stressed even occasionally found necessary make lateral entry easier congress emphasized still preferred expansion take place period years admission foreign service applicants lower classifications accord statement deputy secretary state henderson state department also prefer entrance junior level hearings house committee foreign affairs williams recognizing policy entry bottom working merit basis subject foreign service staff officers employees also subject selection staff personnel covered however expected career employees thus rational presume well mandatory retirement create room top resulting ripple effect ranks congress later created even higher category career ambassadors pub stat congress made class officers subject process well stat nothing legislative history amendment indicates reversal position involuntary vacancies higher ranks mandatory retirement congress described system ost separations occur near top age voluntary retirement bottom number men selected middle classes middle ages limited see cong rec remarks rogers quoted text infra foreign service positions often prime importance cong rec judd first responsibility good government safeguard security nation first line defense achieving first objective diplomatic corps direct back department state bentley duties responsibilities undertake services render american individuals american business interests vital role conduct foreign policy congress demand service attractive enough get highest type american men women ranks vorys foreign service must compete successfully government agencies private businesses get best persons serve overseas congress added foreign service retirement system certain personnel international communication agency found employees involved vital activity subject stringent judgment performance foreign service officers appellees also argue however desirable create promotion opportunities arbitrary impose burden age better say make standards demanding way avoid retirement quite able perform even irrelevant equal protection analysis appropriate alternatives might achieve approximately results compulsory retirement age assures room top predictable time ranks know intolerable time opportunity compete maximum responsibility designing unified personnel scheme congress presumed highest classes close age supra next two highest categories next two ranks quite young presumptions hardly irrational system designed intention personnel begin professional careers bottom service move upward time see supra thus reached age likely achieved top ranks service departures usually domino effect creating opportunities lower level moreover appellees shown alternative less arbitrary think present system congress recognized selection works best lower ranks differences merit greatest see supra top ranks officers selected number times increasingly difficult try draw fine distinctions persons may extremely competent congress decided grant annuities upper categories selected dedicated much lives service found system administered reduce minimum number separations men hardship expense government supra congress expressly rejected setting foreign service retirement age level civil service personnel cong rec reprinting letter secretary state hull experience shown continued strain years service representing government foreign countries widely different climates environments makes desirable standpoint government officers retirements authorized law commencing minimum years age fifth report committee retirement policy federal personnel doc pt pp employees consider foreign service compared service many disadvantages appendix report president cabinet committee federal staff retirement systems doc mandatory retirement age set recognition need maintain foreign service corps highly qualified individuals necessary physical stamina intellectual vitality perform effectively posts throughout world including isolated primitive dangerous areas congress included career staff retirement system found concern applies foreign service retirement system designed give recognition need earlier retirement age career foreign service personnel spend majority working years outside adjusting new working living conditions every years staff personnel serve length time subject conditions course nothing constitution opinion limits congress reversing judgment score determining competing policies important must employees constantly available foreign duty also foreign service officers required law spend careers overseas employees subject mandatory retirement age subject latter requirement reason incomplete correlation participants foreign service retirement system also defined officer employee service see also assignment staff officers employees congress first provided integration certain civil service employees state department foreign service specifically increase number officers available assignment overseas supra district able state assurance relative handful civil service personnel employees foreign agricultural service remain overseas nearly long foreign service officers many overseas civil service employees work military statutorily guaranteed right return posts demand perfection must inevitably compromise hard facts political life tussman tenbroek equal protection laws rev latter ground amounts contention justification discriminating foreign service employees age indeed pressed oral argument appellees stated entirely separate theory tr oral arg noted earlier supra district found appellees abandoned claim kind appellees informed us reason believe district erred regard unable discern one event indicated text find merit contention congress conclude age involves increased risks less superior performance overseas assignments note also argument unresponsive justification canvassed part ii opinion state compelled verify logical assumptions statistical evidence hughes alexandria scrap congress allows appellants retain individual employees five years beyond retirement age determined public interest thus eliminating also provided mandatory early retirement due medical disability mitigates underinclusiveness biennial physical examinations relied upon dissent post remove risk unexpected health problems undercutting reliability interim justice marshall dissenting today finds rational basis forced retirement foreign service personnel age record devoid evidence persons age older less capable performing jobs younger employees adhere view massachusetts bd retirement murgia marshall dissenting mandatory retirement provisions warrant minimal level equal protection review believe statute issue withstand closer scrutiny respectfully dissent person interest continued government employment although fundamental law stands certainly ranks among important personal concerns government action likely affect cf arnett kennedy board regents roth smith texas interest special significance older employees nce terminated elderly readily find alternative employment lack work economically damaging emotionally physically draining deprived status community opportunity meaningful activity fearful becoming dependent others support lonely isolation involuntarily retired person susceptible physical emotional ailments direct consequence enforced idleness ample clinical evidence supports conclusion mandatory retirement poses direct threat health life expectancy retired person massachusetts bd retirement murgia supra omitted addition mandatory retirement provisions warrant careful judicial attention class deprivation imposed sure elderly discrete insular minorit carolene products need extraordinary protection majoritarian political process san antonio school dist rodriguez suffered discrimination based upon generalizations inaccurate many age group affected see report secretary labor congress age discrimination employment section civil rights act older american worker hereinafter labor report cong rec remarks burke pt note cost growing old business necessity age discrimination employment act yale sources cited therein generalizations stigmatize aged physically mentally deficient regardless individual capabilities cf house select committee aging mandatory retirement social human cost enforced idleness comm print hereafter house select committee aging edelman siegler federal age discrimination employment law hereafter edelman siegler particularly area employment significant deprivations imposed basis stereotypes see labor report note age discrimination employment act harv rev considering importance interests stake prevalence discrimination aged agree glancing oversight test fulfills obligation ensure persons receive equal protection laws require proof foreign service mandatory retirement scheme serves important governmental objectives substantially related achievement objectives califano webster craig boren massachusetts bd retirement murgia marshall dissenting measured standard foreign service mandatory retirement provisions must fall ii applying intermediate standard first necessary determine nature classifications statute delimits case two statutory scheme distinguishes civil servants foreign service personnel foreign service employees appellees unequivocally claimed latter distinction unconstitutional see brief appellees tr oral arg seems concede ante nonetheless summarily dismisses claim finding appellees abandoned judgment district issued limiting consideration classifications issue majority evaded difficult question case repeatedly held prevailing party may assert reviewing ground support judgment whether ground relied upon even considered trial dandridge williams accord california bankers assn shultz langnes green american railway express judgment district foreign service act violates equal protection guarantees embodied fifth amendment app juris statement appellees contention statute discriminates persons aged patently ground affirming judgment whether appellees previously abandoned issue irrelevant since purported abandonment came district granted summary judgment government opportunity present evidence issue way prejudiced resurrection thus claim properly us iii undoubtedly important objective foreign service retirement system assure professional competence foreign service corps see ante finds mandatory retirement age rationally related objective two ways view physical psychological difficulties foreign service personnel face result frequent overseas assignments impair performance earlier age persons including seems civil servants exposed much conditions hence majority concludes congress reasonably determined lack vitality necessary perform jobs competently also finds early retirement age creates room top thereby ensuring predictable supply promotion opportunities younger employees opportunities said necessary spur morale stimulate superior performance ranks ante fair reading record us however reveals substantial relationship mandatory retirement system articulated objective statutory scheme judgment appellees successfully challenged government central premise pressures transient foreign service life diminish capacity older employees perform jobs nothing inherent positions appellees hold indicate early retirement necessary ensure excellence foreign service officers state department engage economic political research visa consular work negotiations representatives foreign governments personnel recruitment management administrative functions see dept state international communication agency foreign service officer careers officers international communication agency lecture perform cultural informational duties well administrative personnel management functions agency international development aid employs economists financial analysts staff attorneys auditors accountants providing economic technical assistance countries civil service federal jobs overseas mandatory retirement provisions addition cover foreign service staff personnel perform technical administrative clerical custodial work see older workers effectively perform foreign service jobs also suggested lack early mandatory retirement provision civil servants spend much careers abroad work similar foreign service personnel american civilians government positions overseas foreign service personnel faced mandatory retirement age supp dc moreover discrete segments work force agriculture department foreign service spend almost much tenure overseas members state department foreign service discounts figures finds need excellence foreign service may compelling civil service ante however almost americans working overseas foreign service agencies civil servants subject forced retirement aid often work performed contract basis agencies mandatory retirement provisions see stat despite broad experience older workers analogous situations government submitted evidence encountered problems connection civil servants aged appellees hand introduced substantial amount medical testimony dispelling adverse correlation job performance advancing age offered introduce example former chief psychiatrist peace corps stated flatly inability perform work satisfactorily stressful conditions overseas cultures relationship advancing age affidavit english see also affidavit kessler affidavit fox similarly appellees pointed variety studies indicating older workers may competent younger ones types jobs involved case house report accompanying recent amendments age discrimination employment act pt noted testimony committee cited results various research findings indicate older workers good better younger coworkers regard dependability judgment work quality work volume human relations absenteeism older workers shown fewer accidents job congressman pepper stated committee labor department finding variation work ability within age group age groups justifies judging workers competency age omitted studies department labor late ross mcfarland harvard school public health national council aging many experts field indicate older workers produce quality quantity work equal superior younger workers good usually better attendance records younger workers capable learning new skills adapting changing circumstances properly presented younger workers generally satisfied jobs younger workers closes eyes appellees evidence mandatory retirement provision excuses government producing evidence support congress determined nomadic life foreign service personnel take toll age determination concludes rested proposition aging almost definition inevitably wears us ante issue however whether persons age wear whether competent foreign service personnel absent concrete evidence record less able indeed indication congress even considered information enacted statute see supra remitted unsubstantiated assumptions concerning competency older workers jobs respect sex discrimination refused accept overbroad generalizations characteristics particular class substantial support legislative classification see califano goldfarb plurality opinion craig boren stanton stanton frontiero richardson believe rule apply see supra age unlike sex point likely bear relationship ability require showing substantial relationship fact exist thus extent congress viewed age predictive decline competence simply assume correlation inquire whether age sufficiently accurate predictor justify significant deprivations imposed forced retirement see craig boren supra since appellees adduced considerable evidence demonstrating absence correlation government presented evidence contrary record simply support result mandatory retirement insufficiently accurate predictor competence also unnecessary one foreign service personnel system operates persons measure service standards selected terminated annual review ante foreign service employees given biennial medical examinations well special examinations necessary subject medical selection fit duty see record scheme continued competence appellants personnel periodically assessed individualized procedures already effect government realistically claim prohibiting resort generalizations jeopardize quality foreign service cf dept agriculture murry marshall concurring craig boren supra ground upholds mandatory retirement function stimulating highest performance ranks foreign service assuring opportunities promotion available despite limits number personnel classes number positions service aiming superior achievement hardly characterized illegitimate equally untenable suggest providing promotion opportunities process early retirement play acceptable role process ante answer readily apparent even mandatory retirement ensure promotional opportunities younger employees also deprives service talents persons admitted least time retirement best officers doc absence evidence employees aged less able forced retirement fact boost productivity enhancing recruitment promotional opportunities proffered justification withstand analysis moreover appellees note foreign service officers prompted generous pension benefits offered service retire well age see record experience civil service private employers suggests pattern change significantly mandatory retirement age raised see civil service federal fringe benefit facts retirement age policies hearing house select committee aging pt thus assumed absent many foreign service personnel stay clog promotional stream younger persons particularly since remain still subject selection health reasons poor performance nonpromotion iv disagree course congress legitimately take great pains assure high quality occupying positions critical conduct foreign relations world ante contend substitute judgment congress foreign service appropriate retirement system foreign service personnel submit however function assess constitutional challenges system record us appellees presented substantial evidence mandatory retirement provision accomplished purposes designed government failed establish otherwise individuals livelihood dignity critically affected believe government relieved responsibility accordingly dissent class discrete insular us may someday belong voters may reluctant impose deprivations eventually bear however time lag deprivations imposed effects felt may diminish efficacy political safeguard see tribe american constitutional law safeguard also inadequate deprivation affects small distinct segment work force legislators voters ever part thus elderly receive extra measure judicial protection majoritarian political processes circumstances presented statement findings purposes age discrimination employment act stat congress noted face rising productivity affluence older workers find disadvantaged efforts retain employment especially regain employment displaced jobs setting arbitrary age limits regardless potential job performance become common practice certain otherwise desirable practices may work disadvantage older persons incidence unemployment especially unemployment resultant deterioration skill morale employer acceptability relative younger ages high among older workers numbers great growing employment problems grave rule apply accepting ground advanced affirmance result greater relief granted see fea algonquin sng raines quite correctly rely possibility appellees claim evidence establishes impermissibility mandatory retirement age seek greater relief granted brief appellees tr oral arg jobs issue case certainly involve nothing equivalent stress functions performed police officers massachusetts bd retirement murgia officers required inter alia control prison civil disorders respond emergencies natural disasters apprehend criminal suspects addition pulmonary specialist testified appellees loss pulmonary function occurs age loss ordinarily advance pathological stage interferes ability work otherwise function certainly normal loss impair ability individual work effectively ages sixty seventy affidavit munzer may fact overstatement refer ongressional determination issue express evidence congress predicated early mandatory retirement theory came debates foreign service act one congressman noted hardships transient life service tropics cong rec focus debate however need better salaries retirement provisions order attract qualified persons service since modes travel well conditions tropics elsewhere overseas obviously changed considerably since reliance legislative justification misplaced cf carolene products congress extended foreign service retirement system staff personnel cited frequent adjustments jobs required however context recommending staff personnel able enjoy advantages retirement system permitted retire early age desired thus legislative history nowhere reflects assessment competence personnel perform jobs given staleness express congressional determination us congress failure subsequently focus issue one may question appropriateness extraordinary deference affords congressional factfinding see ante implies close fit appears sensible government take steps assure members service capability rendering superior performance satisfying conditions service ante significantly however majority adverts evidence suggesting congress intended mandatory retirement serve objective event concedes ante statute overinclusive underinclusive respect goal demonstrated infra page government available precise means assure professional competence physical ability fact chairman civil service commission testified recently insofar general federal work force concerned removal mandatory age provision little effect recruiting younger people experience recent years one high turnover senior levels due early retirement pt