Compulsory Retirement, the Constitution and the Murgia Case

Abstract

This Article explores the constitutionality of compulsory retirement laws. There has been much debate about the value of these statutes to society. On one hand, an arbitrary age requiring retirement may begin dependency on society earlier than if no age was set. On the other hand, mandatory retirement statutes assure increased employment and promotion opportunities for younger workers. The Supreme Court has only occasionally concerned itself with classifications by age, and Massachusetts Board of Retirement v. Murgia appears to be the first case which deals with the constitutionality of a maximum age for purposes of retirement. This Article explores the constitutional issues implicated by mandatory retirement schemes, examines some lower court decisions, and analyzes the recent Murgia opinion.

Keywords: retirement laws, mandatory retirement statutes, Massachusetts Board of Retirement v. Murgia

JEL Classification: K00