Generally, no, an employer cannot establish a mandatory retirement age at least in the vast majority of professions. However, employers can set a retirement age of 65 for high ranking executives provided that those executives receive a certain amount in pension benefits ($44,000). Federal regulations provide that this exemption only applies to employees who are employed in a bona fide executive or higher policymaking position.

• My supervisor made comments like you’re too old for the job. Is that evidence of age discrimination?
• Can young people even those under 40 sue for age discrimination under state laws?
• Can a younger person in the protected class sue for age discrimination?
• What if an employer fires one employee who is 65 and replaces him or her with someone who is 47. Does this constitute age discrimination since both employees are over 40?
• How old must an employee be to qualify for protection under the ADEA?
• What sorts of employer actions can constitute unlawful retaliation?
• How does an employee prove retaliation?
• If an employee files both a sex or race discrimination claim and a retaliation claim, can the retaliation claim survive even if the underlying sex or race claim is dismissed?
• Does Title VI I’s retaliation clause protect an employee who participates not in a court proceeding or EEOC investigation but in an employer’s internal investigation of sexual harassment?
• What does Title VII say about retaliation?
• What is an example of a discrimination case involving religion in which it was ruled that the employer did not accommodate the employee adequately?
• If the employee establishes a prima facie claim, what must the employer do?
• How does an employee prove a claim of religious discrimination?
• Title VII also prohibits religious discrimination by covered employers. What is the law’s definition of religion?
• Does Title VII prohibit discrimination against transsexuals?
• Does Title VII protect employees who are harassed by members of the same sex?
• Can employers assert any defense to supervisory harassment?
• If a supervisor commented on an employee’s physical anatomy a few times and made several sexual jokes in her presence, is that sexual harassment?
• Does Title VII apply to harassing behavior on the part of employers?
• If an employer does present a legitimate, nondiscriminatory reason for the discharge then what must the employee do to prove his or her case?