Legal Question in Discrimination Law in California

the president of the company where I work just issued a memo stating that retirement is mandatory at age 65. Isn't this illegal and discriminatory? Can we sue?


Asked on 8/28/09, 12:04 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Unless there is a good reason for the policy (i.e. airline pilots are required to retire at 70), yes, it sounds like a discriminatory policy based on age. Whether you can sue depends on the specific facts of your case and the assessment of damages you have suffered. If the polcy has not affected you yet, you may want to hire an attorney to try to convince the company to rescind its policy.

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Answered on 8/28/09, 12:56 pm
Terry A. Nelson Nelson & Lawless

This is likely well within the scope of the age discrimination laws. If you are being affected by this policy directly, being forced out, you could sue. If this is simply announced but not yet affecting you or others, then a legal threat letter would likely change the policy. If serious about taking either action, feel free to contact me.

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Answered on 8/28/09, 1:55 pm


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