Compulsory Retirement Law
Whether you call it compulsory retirement, mandatory retirement or involuntary retirement, if an employer bases it entirely on age, it violates federal law for many--but not all--jobs. The Age Discrimination in Employment Act governs forced retirement.
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History
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The ADEA became U.S. law in 1967. Initially, it applied to private employers with 20 or more workers, and to workers aged 40 to 65. Amendments applied the rule to state and some federal jobs and lifted the upper-age limit. Removal of the upper age limit effectively ended compulsory retirement in cases where the ADEA applies.
Exceptions
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A 1996 amendment to the ADEA exempts age restrictions on law enforcement officers and firefighters. It allows states to set compulsory retirement ages for police and firefighters. The ADEA also provides for exceptions in other cases, such as jobs where age is a reasonable qualification. That rule is narrow and difficult to apply. Airline pilot is an example of the type of job it covers, but not without legal disputes.
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State Laws
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The ADEA doesn't apply to every job or to every employer, but it's not the only protection against compulsory retirement. In 2000, the Supreme Court ruled in Kimel v. Florida Board of Regents that states are immune from lawsuits by individual state employees based on the federal law. The ruling, based on the constitutional rights of states, noted that state laws also offer employees protection from age discrimination.
Considerations
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An individual facing compulsory retirement should seek legal advice to determine his rights under federal or state law on age discrimination.
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References
- Cornell University Law School: LII Kimel v. Florida Board of Regents
- U.S. Equal Employment Opportunity Commission: The Age Discrimination in Employment Act of 1967
- U.S. Equal Employment Opportunity Commission: Facts About Age Discrimination
- SHRM: 5th Circuit: Court Could Not Reach Decision on Mandatory Retirement of Pilots
- Photo Credit senior businessman image by Paul Moore from Fotolia.com
