Discrimination is any actions that violate Civil Rights Act on race, sex, religion, national origins, and age. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against any person 40 years old and over. However, if you are public safety employees and tenured college employees, you may be subject to forced retirement. Furthermore, if you are an employee in executive positions at age 65, you may be forced retirement with proper retirement benefits.
If your company provides a good retirement plan, it will not go against Age Discrimination in Employment Act. A bad retirement plan will try to find a loophole. So you should read your retirement plan carefully. If you don’t understand anything, you should clarify it with your lawyer. You don’t want to find out later, when it is too late.
In some cases, employers may try to say that nature of a job requires age limitations on employees. You should know that Age Discrimination in Employment Act does not have a lot of flexibility in this interpretation. Employers usually use individual testing to prove job fitness on a case by case basis.
Age Discrimination in Employment Act does not apply to federal regulation or stature. So if you are airline pilots, you are mandated to retire at age 60. Furthermore, Age Discrimination in Employment Act does not protect apprenticeships and similar training programs for the youth.
