The city appealed arguing that the men who were given the


Plaintiffs Francis X. Hogan and Michael Spring stun were police sergeants in the City of Hollywood. Plaintiff Spring stun was hired by the City of Hollywood Police Department in 1980 and became a sergeant in 1993. Plaintiff Hogan began working for the city in 1976 and was promoted to sergeant in 1984. When the plaintiffs were 49 and 48, they were passed over for a promotion in favor of an individual who was 40. In 2002, when the men were 51 and 50, they were passed over again when a promotion was given to a 41-year-old instead. The plaintiffs filed complaints with the Florida Human Relations Commission for age discrimination and eventually filed suit for the same. The trial court submitted the case to the jury, which found in favor of the plaintiffs. The city appealed, arguing that the men who were given the promotions were not substantially younger than the plaintiffs.

How do you think the court of appeals, based on Supreme Court precedent, decided the appeal? City of Hollywood v. Hogan, 986 So. 2d 634 (Fla. Ct. App. 2008).

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