News & Analysis as of

When can a mandatory retirement age be justified?

In Seldon v Clarkson Wright & Jakes, the EAT decided that a partnership's mandatory retirement age (MRA) of 65 for partners was a proportionate means of achieving the partnership's legitimate aims of workforce planning and...more

Urging An Employee To Retire Is Not Necessarily Evidence Of Age Discrimination

Mandatory retirement is generally unlawful under the Age Discrimination in Employment Act. So when an employer urges an employee to retire, isn't this evidence of age discrimination that an employer should avoid? Not...more

Tenth Circuit is First Circuit to Determine Remedies for Violation of ERISA Section 204(h) Notice Requirements

The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. ...more

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more

American Samoa Government and EEOC Settle Age Discrimination Suit

U.S. Territory Will Provide Anti-Discrimination Training & Relief, Settling the Federal Agency's First Lawsuit in American Samoa - PAGO PAGO, American Samoa - The U.S. Equal Employment Opportunity Commission (EEOC) today...more

Has Mandatory Retirement been Banned Across Canada?

The answer to this question is, surprisingly, not clear. For Ontario, Quebec, Manitoba and the Yukon, the provincial human rights legislation treats mandatory retirement as age discrimination regardless of what age it is...more

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