Question of the Week
APRIL 02, 2025
QUESTION

Can we have a mandatory retirement age?

ANSWER

With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for employees over a certain age as long as these programs are truly voluntary.

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This Q&A does not constitute legal advice and does not address state or local law.