Age Discrimination

traceyb · December 2005

I am not an HR professional - I just play one
at my workplace. My boss is insisting on
a mandatory retirement age to be added as a
policy to our handbook. This has GOT to be
illegal, right? Are there any scenarios where
mandatory retirement at a certain age can be
applied? Thanks for any help! tb

jitrbug · December 2005

There could be dependent on the job but it is rare. For instance, commercial airline pilots must retire at age 60 but this is mandated by the FAA not the airline company and based on(what they call)physical ability. You would have to prove that age is a factor for the person not being able to do the job anymore. Be careful you don't wander into the age discrimination arena by making age the criteria for mandatory retirement. Also, if age is made a mandatory for retirement then you would be hard pressed to explain why you might bring someone back in the future to help out on a project or that you are allowing agency temporaries in that are past that age. With the baby boomers getting into retirement age over the next several years, you might actually need these people to stay on longer to avoid "brain drain" of good skills in the company. I would not recommend establishing a mandatory age. Good luck with this one!

SMace · December 2005

How old is your boss? Take his age and add one, then tell him that will be the mandatory age.

PS Except in very limited situations it is illegal. Google ADEA and you should be able to find some verbage with a little work.

jitrbug · December 2005

Why live with him/her another year...take his/her age, subtract a year and get 'em otta there! It sounds like they are dangerous to have around.

Dutch2 · December 2005

Also the White House Conference on Aging was this December 11-14. Might google this and find some interesting facts as well.
One point I found interesting is that the first baby-boomers will be turning 60 years old in 2006 and that one baby-boomer will be turning 60 every 7 seconds for years to come.
Stay away from a mandatory retirement age! Why would your company do this? What criterion would be used to prove that this action is necessary and that you are not discriminating against a group of ee's soley based on their age? How will your boss defend this decision in court when these very qualified former ee's sue the company for age discrimination?
Lots of luck on this...

Crout · December 2005

Yes, as stated in a post above, there are certain rare instances where a mandatory retirement age can be set; however, for most business enterprises in the U.S. what your boss is suggesting is highly illegal. If you want more information go to the EEOC web site and look under ADEA.

lynn2008 · December 2005

It is illegal except in high level executive positions. AS the previous posters stated, the ADEA set that up some time ago.

You will also find if he is trying to sever employment by giving severance packages, you can not insist an employee give up their rights under the ADEA in a severance agreement.

It wouldn't take a "Rainmaker" kind of attorney to burn you on that one!

Merry Christmas!

jimbomt · December 2005

<<<Why live with him/her another year...take his/her age, subtract a year and get 'em otta there! It sounds like they are dangerous to have around.>>>>

<<<<How old is your boss? Take his age and add one, then tell him that will be the mandatory age.>>>>

Both of these replies cracked me up

Paul in Cannon Beach · January 2006

Me too... best chuckle I have had in awhile.

Crout · December 2005

>It is illegal except in high level executive
>positions.

lynn, in regard to your first statement I think you're confusing ADEA with FMLA. There is no ADEA exemption for "high level executives."

>You will also find if he is trying to sever
>employment by giving severance packages, you can
>not insist an employee give up their rights
>under the ADEA in a severance agreement.

Not true. An employer may ask an employee to waive his/her rights or claims under the ADEA either in the settlement of an ADEA administrative or court claim or in connection with an exit incentive program or other employment termination program. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must:

- be in writing and be understandable;
- specifically refer to ADEA rights or claims;
not waive rights or claims that may arise in the future;
- be in exchange for valuable consideration;
- advise the individual in writing to consult an attorney before signing the waiver; and
provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.

If an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.

WT · January 2006

Years ago, mandatory retirement (usually at age 65) was very common. Although some employees leaving at 65 were missed, as a whole, employers found the policy to be good and useful. Some workers just would not leave the job even when they could no longer perform. Mandatory retirement saved the employer from carrying dead weight or discharging long term employees that had retired on the job. Your boss may remember this or have heard of it in other places of employment and thinks it is a dandy idea. Unfortunately for him, it is an idea whose time has come AND PASSED. You cannot do it anymore. Just say no.

traceyb · January 2006

Thanks for an answer that I had HOPED to receive!
You're great to make the effort. Hope it works...

Gillian3 · January 2006

Yes there is Crout. 29 USC.631 (c)(1), whatever that is, says that the ADEA allows that persons who are in an executive capacity for at least two years before retirement and who will receive a retirement benefit of at least $44,000 annually still may be retired mandatorily at age 65.

Crout · January 2006

I'll be darned. Sorry Lynn...you were indeed correct on that point. Thanks G.

WT · January 2006

Well done. In New York, they also retire judges at 70. They can get an extension on that but not for an indefinate period. We regret it when some judges have to retire and rejoice about the retirement of others.

Age Discrimination

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