ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

Must I retire if I become ill or disabled?

The law protects you only from being forced to retire because you have reached a certain age. If an illness or a disability prevents you from doing your job satisfactorily, the Age Discrimination in Employment Act (ADEA) does not prevent your employer from requiring you to retire, regardless of your age. However, other federal and state laws--including the 1990 Americans with Disabilities Act (ADA)--forbid discrimination against persons with disabilities or handicaps, including those associated with certain illnesses. So, if the ADEA does not cover you in these circumstances, you should consider whether you are being unfairly treated because of disability.