ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

Can I be forced to retire from my job when I reach a certain age?

Not if you are at least forty years old and work for either a private employer with twenty or more employees, or the federal government or local government. If you meet these criteria, you are protected by the federal Age Discrimination in Employment Act (ADEA) and cannot be forced to retire.

Although the ADEA also applies to state employees, the U.S. Supreme Court has held that the ADEA cannot be used to sue state governments for damages, but it can be used to obtain an order directing the state to end the discrimination. However, most states have statutes that are similar to the ADEA that state employees can use to obtain both damages and orders prohibiting discrimination.