Age Discrimination
traceyb
16 Posts
I am not an HR professional - I just play one
at my workplace. My boss is insisting on
a mandatory retirement age to be added as a
policy to our handbook. This has GOT to be
illegal, right? Are there any scenarios where
mandatory retirement at a certain age can be
applied? Thanks for any help! tb
at my workplace. My boss is insisting on
a mandatory retirement age to be added as a
policy to our handbook. This has GOT to be
illegal, right? Are there any scenarios where
mandatory retirement at a certain age can be
applied? Thanks for any help! tb
Comments
PS Except in very limited situations it is illegal. Google ADEA and you should be able to find some verbage with a little work.
One point I found interesting is that the first baby-boomers will be turning 60 years old in 2006 and that one baby-boomer will be turning 60 every 7 seconds for years to come.
Stay away from a mandatory retirement age! Why would your company do this? What criterion would be used to prove that this action is necessary and that you are not discriminating against a group of ee's soley based on their age? How will your boss defend this decision in court when these very qualified former ee's sue the company for age discrimination?
Lots of luck on this...
You will also find if he is trying to sever employment by giving severance packages, you can not insist an employee give up their rights under the ADEA in a severance agreement.
It wouldn't take a "Rainmaker" kind of attorney to burn you on that one!
Merry Christmas!
<<<<How old is your boss? Take his age and add one, then tell him that will be the mandatory age.>>>>
Both of these replies cracked me up
>positions.
lynn, in regard to your first statement I think you're confusing ADEA with FMLA. There is no ADEA exemption for "high level executives."
>You will also find if he is trying to sever
>employment by giving severance packages, you can
>not insist an employee give up their rights
>under the ADEA in a severance agreement.
Not true. An employer may ask an employee to waive his/her rights or claims under the ADEA either in the settlement of an ADEA administrative or court claim or in connection with an exit incentive program or other employment termination program. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must:
- be in writing and be understandable;
- specifically refer to ADEA rights or claims;
not waive rights or claims that may arise in the future;
- be in exchange for valuable consideration;
- advise the individual in writing to consult an attorney before signing the waiver; and
provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.
If an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.
You're great to make the effort. Hope it works...