Is there harm in asking? Questioning employees about their plans to retire

by Michele L. (Warnock) Brott Retirement decisions cannot be divorced from a person’s age. When asking questions about retirement, employers should be cognizant of age discrimination laws and the implications of making such inquiries.  Applicable laws Age discrimination is governed by both federal law and the laws in most states. The federal Age Discrimination in Employment Act (ADEA) applies to public- and private-sector employers with 20 or more employees and forbids discrimination against older workers, defined as individuals over the age of 40. The Equal Employment Opportunity Commission (EEOC) received more than 20,000 age complaints under federal law in 2016. Employers often have legitimate explanations for policies or practices that implicate age. An employer’s legal justification for an age-related policy or practice is called a “reasonable factor other than age.” Common examples of reasonable factors other than age include decisions…

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