Employment Law

Age Discrimination

Can an employer establish mandatory retirement limits?

Generally, no, an employer cannot establish a mandatory retirement age—at least in the vast majority of professions. However, employers can set a retirement age of 65 for highranking executives provided that those executives receive a certain amount in pension benefits ($44,000). Federal regulations provide that this exemption only applies to employees who are “employed in a bona fide executive or higher policymaking position.”


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