Age Discrimination Exceptions

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

Actions that would otherwise be considered age discrimination are permitted if they are based on:

Factors merely correlated with age: Examples: pension status or benefits, age-related disabilities, proximity to retirement, or high salary
A bona fide seniority system or benefit plan: Early retirement offers under such systems or plans are generally permitted
Business considerations that cause an employer to eliminate positions: Such terminations are lawful if no other employee is hired or reassigned to perform the same duties
An age-related job qualification reasonably necessary to the essence of the employer's business: Such qualifications are permissible if the employer can only rely on age as the qualification's proxy because it's impossible or highly impractical to assess each employee individually (this is rare and usually limited to public safety considerations)