ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

Are there exceptions to the rule that employees may not be forced to retire?

Yes. The Age Discrimination in Employment Act (ADEA) does not protect two categories of employees. One such exception is for government officials who are elected or appointed to a policymaking level. This exception includes the non–civil service staff of these officials. The other is for persons in bona fide executive or high policy-making positions.