Is there a failure-to-hire case where a plaintiff was denied a position as a police officer because of his age?

The closest failure-to-hire case on point is O'Neal v. City of New Albany (7th Cir.2002) 293 F.3d 998 ( O'Neal ). In O'Neal, the plaintiff claimed he was rejected for a position as a police officer because of his race. In granting summary judgment, the trial court held that he was unable to satisfy the prima facie requirement that he was qualified for the job because a state statute barred applicants who were the plaintiff's age or older from becoming police officers. ( Id. at p. 1003.) The facts, however, revealed that the statutory age limit played no actual part in the hiring decision because the employer believed at the time that under federal law it could not enforce the age requirement. It was only later that the employer learned that the age requirement was valid. ( Id. at p. 1004.)