Mandatory retirement is the age at which persons who hold certain jobs or offices are required by statute to step down, or retire. Typically, mandatory retirement is justified by the argument that certain occupations are either too dangerous (military personnel) or require high levels of physical and mental skill (airlinepilots). However, since the age at which retirement is mandated is often somewhat arbitrary and not based upon an actual physical evaluation of an individual person, many view the practice as a form of age discrimination, or ageism.[1]
From the U.S. Equal Employment Opportunity Commission Website:
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
From the U.S. Code of Federal Regulations discussing the Age Discrimination in Employment Act:
?one of the original purposes of this provision, namely, that the exception does not authorize an employer to require or permit involuntary retirement of an employee within the protected age group on account of age
?an employer can no longer force retirement or otherwise discriminate on the basis of age against an individual because (s)he is 70 or older.[2]
Australia
In Australia, the Governor-General can remove Justices of the High Court (and other Parliament-created courts) in limited circumstances (because of the constitutional separation of powers doctrine) so a Constitutional amendment was passed in 1977 to enforce a mandatory retirement age of 70 for federal judges.
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