Can my employer force me to retire because of my age?

What the Law Says

The Age Discrimination in Employment Act (ADEA) makes it illegal for employers to force employees to retire solely because of their age — with very narrow exceptions.

The ADEA protects workers aged 40 and older from age-based employment discrimination, including forced retirement. It applies to private employers with 20 or more employees, federal, state, and local governments, employment agencies, and labor organizations.

Mandatory retirement is prohibited unless a specific exception applies — such as for bona fide executives or high policymaking employees who are at least 65 years old, have been employed in that capacity for at least two years, and are entitled to an immediate nonforfeitable annual retirement benefit of at least $27,000 (as adjusted by regulation).

The law also permits mandatory retirement for certain public safety positions (e.g., firefighters, police officers) under state or local laws that meet strict federal criteria — but these are not automatic exemptions and must comply with ADEA standards.

Statutory Text

It shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age.

— 29 U.S.C. § 623(a) — Prohibition of age discrimination

Statutory Text

Notwithstanding any other provision of this chapter, it shall not be unlawful for an employer to require retirement of an employee who has attained seventy years of age and who is serving in a bona fide executive or a high policymaking position.

— 29 U.S.C. § 623(f)(1) — Exception for executives

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