Mandatory Retirement. Legal?

Mandatory Retirement. Legal?

ric dalberri, Founder,
Working Past Mandatory Retirement Age

Here in the U.S., the baby boomers are facing the prospect
of continuing to work past mandatory retirement age. With the actuaries telling
us that longevity is well past 65 and social security not being enough to live
on, seniors are compelled to continue to work.

Although there are laws against age discrimination,
anecdotal evidence ( evidence claiming non-factual information and word of
mouth recommendations and often used in place of Clinical or scientific
evidence), proves otherwise.

So, anecdotal evidence suggests such laws are not enforced
with great regularity and that finding jobs after a certain age can be very

There are places where a mandatory
retirement age can be enforced.

I.E: The Roman Catholic Church applies mandatory retirement
to Bishops (75yrs) and Priests (70). However, getting replacements is very
difficult and they may stay on in a semi-retired role. Another may be, Pilots.
Mandatory age (65yrs raised from 60yrs) because of safety factors. Others that
may claim mandatory retirement:

Police (any law enforcement agency)


Air Traffic Controllers (hired after 1972)

Many feel that these rules should be revised.

Can employers enforce a mandatory
retirement age?

Employers typically don’t have the right to remove an
employee from work due to his or her age. Employment law also includes
protection against discrimination based on race, gender, religion, disability
or veteran status and makes provisions for the employment of foreigners.

Also, there are laws for our youngsters (teenagers) who want
to work.

They can apply for ‘working papers’. They can’t work in
factories or operate heavy equipment. Check out Federal and your state laws.

As the Baby Boomers exit from the work force, it will create
a tremendous burden on the younger generation to support the large and living
longer retirees. In addition, skilled & experienced workers that our
seniors once occupied, will create a void.

If you feel you have been discriminated against for age,
race, gender, religion, disability, foreign worker or veteran status, contact a
Board Certified Employment Attorney. You can always go to your local library
and look up these attorneys in your area.

Mandatory retirement is not necessarily a bad thing.