Appeal of Bosselait

547 A.2d 682, 130 N.H. 604 (1988)

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Appeal of Bosselait

New Hampshire Supreme Court
547 A.2d 682, 130 N.H. 604 (1988)

Facts

Brothers Albert and Edward Bosselait (plaintiffs), aged 76 and 79, respectively, shared a single full-time janitor’s position at a youth center, each working four hours per day. When the youth center contracted custodial services to a third party, the Bosselaits’ position was eliminated. The Bosselaits applied for unemployment benefits but were rejected. The Bosselaits appealed. At an evidentiary hearing before the appeal tribunal, Albert stated that he had a weak back, whereas Edward stated that he had partial eyesight and angina. The Bosselaits said they were unwilling to accept new full-time jobs due to their advanced age. The tribunal found the Bosselaits ineligible for benefits because they were not ready, willing, and able to accept full-time work, as was statutorily required. The appellate division affirmed. The Bosselaits sought administrative review by the court, arguing that the statutory requirement of being ready, willing, and able to accept full-time work violated the federal Rehabilitation Act of 1973 (the act) and the state and federal constitutional guarantees of equal protection of the laws.

Rule of Law

Issue

Holding and Reasoning (Souter, J.)

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