Retirement Exemptions to Age Discrimination Laws

There are certain circumstances in which age discrimination is permitted under the Age Discrimination in Employment Act, or ADEA. Beyond the limitations set forth in the law, there are instances in which direct exemptions are allowed. In particular, mandatory retirement limits require workers of a certain age to step down from their jobs, even though they may have needed the income or were still capable of carrying on their daily work unimpaired.

If you believe that you have been the victim of improper age discrimination in the workplace, you should consult with a knowledgeable advocate regarding your case. Contact the Houston employment lawyers of the Ross Law Group by calling 713-482-6910 today.

Mandatory Retirement Permissions

In most situations, mandatory retirement policies are in directly violation of the ADEA. For example, tenured faculty in schools could be retired due to their age, not performance, prior to the passage of the ADEA. While that would be considered an illegal practice today, there is a major exemption to this rule. If the following distinctions are met, a worker can be legally asked to retire:

• Over the age of 65
• Considered an executive
• Policy-making job description
• Provided an annual pension sum

In contrast to this specific exemption, many federal workers may be asked to retire under the pretenses of the law's bona fide occupational qualification rules. According to this portion of the law, employers can discriminate, and therefore terminate, employees that obviously do not fit the job requirements or may endanger the public.

Contact Us

To learn more about your legal rights if you have been subjected to illegal age discrimination on the job, contact the Houston employment attorneys of the Ross Law Group at 713-482-6910.