Originally Posted by
BlueJetDork
Okay, that is funny. Hilarious, how bad you missed it.
Not shocking but sad and funny!
ADEA.
Age Discrimination ...
in ...
employ ...
ment ..
act!
55+ communities have nothing to do with ...
em ..
ploy ...
ment!
ADEA has a VERY narrow scope. It effectively doesn't allow employers to advertise that its looking for "young" workers and allows for a set retirement age like for airline pilots because those are regulated by the FAA. Here's the language.
Bona Fide Occupational Qualification (BFOQ) Exemption (29 U.S.C. § 623(f)(1)):
This allows employers to set mandatory retirement ages if age is a legitimate job requirement tied to safety or performance.
Age discrimination is widespread in the US, but only not allowed under a few narrow circumstances and the pilot retirement age is not one of them.
Pilots have sued and lost in court. There is case law that supports it.
Maybe you will have more luck in 2028 but its likely that this will just be the can that gets kicked down the road.