May 07, 2025
In 1967, the Age Discrimination in Employment Act banned mandatory retirement before age 70 for most professions. Subsequently, Congress eliminated mandatory retirement entirely, with exceptions for specific professions, including pilots, police officers, judges and air traffic controllers. Today, thanks to medical advances and healthier lifestyles, individuals are active and productive into their 70s and beyond. Despite this progress, some professions, such as law firms, still enforce mandatory retirement. These policies are often motivated by business considerations — such as creating advancement opportunities for younger attorneys — rather than legal mandates. And while there are no enforced mandatory retirement policies in the medical field, the American Medical Association has established guidelines for assessing the physical and mental health of older physicians to ensure quality patient care.
As life expectancy rises, there is a growing need and desire for individuals to work beyond traditional retirement ages for financial stability, engagement and a sense of purpose — all of which contribute to physical and mental health.
Here are some considerations for rethinking retirement policies:
The case for alternatives
The link between chronological age and functional ability is tenuous. Aging experts assert that policies that rigidly segment life into stages — student, worker, retiree — are outdated and driven by stereotypes. Companies should respect both wisdom and performance. Mandatory retirement policies can lead to a loss of valuable expertise, resulting in an "experience drain" that negatively affects business functions.
While regular assessments are crucial in professions impacting public safety, a one-size-fits-all approach is unfair and ineffective for most roles. Implementing careful testing for skill and capacity can offer a more equitable solution. However, employers should seek legal counsel or HR advice to ensure compliance with applicable federal, state and local laws.
A changing workforce
Business leaders increasingly recognize the value older workers bring to the table. Intergenerational teams — combining youthful energy with seasoned experience — could represent the workforce model of the future. This transition benefits older employees while encouraging younger generations to embrace evolving perceptions about age and work.
Now is the ideal time to reconsider mandatory retirement policies and explore improved alternatives. With thoughtful strategies, we can cultivate workplaces that honor both experience and capability, creating opportunities for everyone.
©2025