COURT CLAIMS THAT REPEATEDLY ENQUIRING FROM AN EMPLOYEE WHEN THEY’LL RETIRE IS CONSIDERED AGE DISCRIMINATION
So here is the catch, an employee may initiate and further discuss with their employer about their retirement plans while on the other hand, it may be considered age discrimination if an employer initiates and constantly enquired about an old employee retirement plans. Repeatedly asking at least more than once or twice is enough proof of age discrimination. This may be applicable in the following scenario.
For instance, lets say a supervisor or management constantly enquired about a certain older employee about their retirement plans, then God forbid the company goes through retrenchment or downsizes and unfortunately this particular employee gets laid off as a result, the employee finds ground to sue the company for age discrimination as a reason company laid him off.
Therefore, employers could easily avoid discrimination lawsuits just by simply not initiating retirement
conversations unless an employee approaches you about it.
Applicable in U.S