After decades of hard work, you may want to keep your job, earn a steady income or choose when to retire. But what happens when your employer starts pushing you out because of your age? In Denver, forcing an older employee to retire may violate state or federal law. Your rights depend on why your employer is taking these actions and the circumstances of your case.
When does forced retirement become age discrimination?
The federal Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older from age discrimination. It generally applies to employers with 20 or more employees, as well as certain government agencies and labor organizations. Colorado’s Anti-Discrimination Act (CADA) also generally protects workers who are 40 or older from discrimination based on age.
In most cases, employers cannot force you to retire just because they think you are too old to work. For example, telling a 62-year-old employee to retire to make room for younger workers may break the law.
However, some exceptions apply. Federal law allows mandatory retirement for certain state and local government firefighters and law enforcement officers under specific conditions. In limited cases, an employer may also consider age when it is necessary for the job. The law calls this a bona fide occupational qualification.
The ADEA also allows mandatory retirement for certain executives and high-level policymakers who meet specific requirements. They must be at least 65, have held the position for the two years immediately before retirement and qualify for an annual retirement benefit of at least $44,000 that they cannot lose once it becomes payable.
What evidence may support an age discrimination claim?
Certain workplace events may provide evidence of age discrimination, depending on the circumstances. Examples include:
- Retirement pressure: Your manager repeatedly urges you to retire despite your wish to keep working.
- Unequal treatment: Your employer applies stricter performance standards to you than to younger workers.
- Changed duties: Your employer removes key responsibilities or excludes you from important projects.
- Age-related remarks: Supervisors make comments suggesting that younger workers are a better fit.
These facts do not automatically prove unlawful discrimination. Keeping records of age-related comments, job changes and performance reviews can help establish what happened. Legal assistance can help you assess whether the evidence supports a claim under state or federal law.
Protecting your right to keep working
If your Denver employer pressures you to retire, the reason matters. You generally have 300 days from notice of the alleged discriminatory practice to file an employment discrimination complaint with the Colorado Civil Rights Division (CCRD). Knowing the deadline and your legal options can help you decide how to address the situation.