ABA Family Legal Guide

Law and the Workplace

On the Job

Age Discrimination

Can employers force workers to retire?

Generally speaking, no. The ADEA prohibits mandatory retirement based on age. If an employee can no longer perform his or her job duties, however, the employer is allowed to discharge that person based on nonperformance.

There are some exceptions to the general rules against forced retirement. Executives or high-level policy makers can be forced to retire at age sixty-five if they are entitled to receive retirement benefits of at least $44,000 a year, exclusive of Social Security. Firefighters, police officers, and prison guards employed by state and local governments can also be forced to retire if required to do so by state or local law and pursuant to a bona fide retirement plan.