Over the years, you’ve worked hard to achieve seniority at your workplace. You’ve built a career, a network, and a knowledge base. You feel like you are in your prime. But what if your employer wants to force you out? Today, when 60 is the new 40, many people are asking, “Is it legal for my employer to force me to retire?” In most cases, age-based discrimination, such as forcing retirement, is illegal. But there are exceptions.
First, it is important to recognize what a forced retirement looks like. Like employment discrimination in general, forced retirement discrimination is rarely as straightforward as an employer saying, “You’re too old to work here. You have to retire now.” Instead, forced retirement usually looks like a policy change, contract language, or subtle (or not so subtle) coercion.
An employer may make policy changes that unfairly affect older workers. For example, unnecessarily increasing travel schedules or the job’s physical demands may unfairly target older workers and force them into retirement. Extending a buyout package to senior employees with a warning that not accepting it could have adverse consequences could compel an older worker to accept the package out of fear. Suddenly increasing performance goals or sales quotas to unrealistic minimums could bring uncertainty to an older worker’s future and cause them to retire.
An employer may add illegal language into the employment contract that indicates a mandatory retirement age. An employee that doesn’t seek legal counsel may accept this forced retirement even though the provision has no legal standing.
Some employers may try to coerce an older employee into retirement, such as subtly suggesting to an older employee that it is time to enjoy retirement or that the job may be too demanding. Less subtly, by reducing an older worker’s job responsibilities or replacing the worker’s high-value clients with entry-level accounts, an employer makes it clear that they are phasing out the older employee. An outright demotion and forcing the older worker to report to a former trainee is one of the cruelest ways to force an older worker into retirement. Pressuring an older worker to retire is age discrimination. Under both Ohio law and federal law, forcing an employee to retire based on their age is illegal.
Retirement is a big step. It is important to know your rights and to retire when you decide the time is right. If you are feeling pressured to retire by your employer, you have legal options to explore. An employee facing a forced retirement can file a complaint with the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC). These government agencies investigate discrimination claims and determine if an employer is violating any employment laws. If you work for a smaller employer that is not covered by federal law, the state agency may still apply and enforce the Ohio anti-discrimination laws. An Ohio employment lawyer can help with filing the complaint, negotiating a settlement, and pursuing further litigation if necessary.
Before pursuing a legal option, some workers may prefer to raise the issue with Human Resources or company leadership. Sometimes, an employer may not realize they are creating a coercive environment and choose to take corrective action. Other times, pursuing a legal option will be an employee’s only recourse.
In either case, an employee who documents all instances of feeling forced by their employer to retire due to age–emails, conversations, policy changes, contracts, coercive actions–will be armed with evidence. Whether the employee chooses to first raise the issue directly with the employer or to immediately pursue legal options, this evidence will be necessary to encourage an employer to negotiate or to convince the agency or the court that the employer discriminated against the older employee.
While forced retirement based on age is illegal in most situations, there are exceptions. Some of the most well-known jobs with mandatory retirement ages include commercial airline pilots, air traffic controllers, firefighters, police officers, and judges. Federal law mandates retirement for commercial airline pilots at age 65 and for air traffic controllers at age 56. Due to the physical and mental demands of these roles, public safety concerns outweigh protecting the individual against age discrimination.
Similarly, Ohio law and local laws govern the retirement age for firefighters, police officers, and judges. Municipalities usually address retirement age for firefighters and police officers; Chiefs may sometimes have a later retirement age. Ohio law does not allow a judge to be appointed or elected after age 70; however, a judge may finish out a term they are already serving.
Another exception exists for high-level executives. The federal Age Discrimination in Employment Act (ADEA) carves out a narrow exception for top executives who are:
Ohio state law follows this exception. Under federal or state law, the exception is closely scrutinized and does not apply to most executives or policymakers.
An employer that tries to force an employee to retire could be violating the law. If you are feeling pressured to retire by your employer, Lalak LLC is here to help. Contact us today at 440-209-2746 and schedule a consultation. We will discuss your specific situation and explore your legal options. Don’t accept age discrimination. Fight back with Lalak LLC!
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