Imagine working for decades, building your career, only to be told you have to retire. For many employees, forced retirement feels unfair and even illegal. But is it? Can your employer set a mandatory retirement age, or does that violate your rights?

In most cases, forcing employees to retire based solely on age is illegal. The Age Discrimination in Employment Act (ADEA) and Ohio employment laws protect workers from being pushed out just because they’ve reached a certain number on the calendar. However, there are exceptions.

When a Mandatory Retirement Age is Legal

For most workers, forced retirement based on age is illegal. Employers can’t set an arbitrary retirement age, and they can’t pressure older workers to step aside just to make room for younger hires. If they do, they could be violating employment discrimination laws.

However, there are exceptions. Some roles have mandatory retirement ages due to public safety concerns or the physical and cognitive demands of the job. Firefighters, law enforcement officers, airline pilots, and air traffic controllers are a few of the most well-known examples. These positions require quick decision-making, physical endurance, or sharp reflexes, and regulators have determined that age-based limits are necessary to maintain safety.

In Ohio, police officers and firefighters may be subject to mandatory retirement under state and local laws. These rules exist because public safety roles often involve physically demanding work, and the risks increase with age. The same logic applies to airline pilots, who must retire at 65 under federal law. Air traffic controllers also have a mandatory retirement age of 56 due to the high-pressure nature of the job and the need for constant focus. These positions are exceptions to general age discrimination laws because public safety is considered more important than the potential for age bias.

Judges in Ohio are another exception. The state enforces a judicial retirement age of 70 to ensure turnover in the courts and maintain public confidence in the legal system. The reasoning is that cognitive decline can impact decision-making in cases that have serious legal consequences. While some judges have challenged these rules, courts have upheld them as legally justified.

Beyond public safety roles, some corporate executives may also face mandatory retirement requirements. Companies argue that high-level leadership positions require a planned transition process and that leadership turnover helps businesses stay competitive. While Ohio follows federal guidelines on this, the vast majority of private-sector employees cannot be forced to retire.

Recognizing and Fighting Mandatory Retirement Age Discrimination

Age discrimination in retirement doesn’t always happen through an outright policy. Employers rarely come out and say, “You’re too old to work here.” Instead, forced retirement often happens through more subtle tactics, leaving employees unsure whether they have legal grounds to fight back.

One common strategy is subtle coercion. An employer might start casually suggesting that it’s time to “enjoy retirement” or hint that the job is becoming “too demanding.” These comments may seem harmless at first, but when repeated over time, they can create a work environment where older employees feel pressured to leave. Some companies take it a step further by demoting older employees or reducing their job responsibilities, making them feel unwanted or irrelevant in the workplace.

Some employers try to disguise forced retirement through policies or contractual language. They might:

• Insert mandatory retirement clauses into contracts without a valid legal basis.
• Offer buyout packages that target older employees while making it clear that staying on could result in worse working conditions.
• Reduce job responsibilities or shift high-value accounts to younger employees, making it clear that the older worker is being phased out.
• Make sudden changes to performance expectations, setting unrealistic goals that force older employees to struggle.
• Increase travel demands or physical requirements that disproportionately affect older workers.
• Suggest that staying on will result in fewer opportunities for promotions, pay raises, or job security.

If you’re experiencing this kind of pressure, you have legal options. One of the first steps is to document everything—conversations, emails, policy changes, or any evidence suggesting that your age is the reason for the pressure. If an employer is creating an environment that subtly forces out older workers, this documentation can be crucial.

Employees facing forced retirement can file a complaint with either the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC). Both agencies handle discrimination claims and can investigate whether an employer is violating federal or state employment laws. The OCRC enforces Ohio’s anti-discrimination laws, which apply to smaller businesses that may not be covered by federal law. Filing a complaint is often the first step in holding an employer accountable.

Before taking formal legal action, some employees may prefer to negotiate with their employer. In some cases, HR or company leadership may not be aware that retirement pressure is creating a discriminatory environment. A well-documented conversation or a letter outlining concerns could lead to a resolution without having to escalate the issue. However, if the company refuses to address the problem or continues to push for retirement, legal action may be necessary.

Seeking legal representation can be a powerful way to push back against unfair retirement policies. An employment attorney can help assess whether an employer’s actions violate Ohio or federal law and can assist in filing complaints, negotiating settlements, or even pursuing litigation if necessary. Many companies rely on the assumption that employees won’t fight back, so taking legal steps can often force them to reconsider their approach.

Know Your Rights

For most workers in Ohio, mandatory retirement age discrimination is illegal. Unless you’re in a specific role like a firefighter, airline pilot, or judge, your employer can’t force you out just because of your age. If they try to pressure you into retiring—whether through contract clauses, policy changes, or subtle coercion—they could be violating the law.

Knowing your rights is the first step in protecting your career, your income, and your future. If you feel like you’re being pushed out because of your age, take action. Document what’s happening, push back against unfair policies, and don’t hesitate to seek legal help. If you believe you’re being forced into retirement, Lalak LLC is here to help. Contact us today at 440-892-3380 to discuss your situation and explore your legal options. You don’t have to accept discrimination—you have the right to fight back.