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Offering retirement plans to get rid of older employees can indicate age discrimination

Offering a retirement package for the purpose of getting rid of older employees may constitute evidence of age discrimination. Likewise, employers also can’t develop recruitment programs for purpose of substituting persons who were retirement age. Acevedo-Parrilla v. Novartis Ex-Lax, Inc., 696 F.3d 128, 146 (1st Cir. 2012). Offering a retirement packages in order to “flatten” the organization in terms of age can trigger a claim for unlawful discrimination. Olivera v. Nestlé P.R., Inc., 922 F.2d 43, 49 (1st Cir. 1990).

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464


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