Regularly asking Employee when he will Retire could be Evidence of Age Discrimination

The U.S Equal Employment Opportunity Commission recently settled a lawsuit against Burrow Global Services, LLC, which is an engineering and construction company.  The EEOC had alleged that Burrow discriminated against one of its electrical designers (who was over 60 years old) based on his age after the electrical designer’s supervisor was replaced with a much younger individual.  Right after this supervisor took over, he made repeated comments to the older designer about retirement and regularly asked when the designer was planning to retire.  Soon after, this same supervisor terminated the designer’s employment and offered the job to a significantly younger person.  This alleged conduct is a violation of the Age Discrimination in Employment Act.  Employers may not discriminate against or terminate older employees due to their age.  See EEOC v. Burrow Global Services, LLC, No. 4:20-cv-00423 (S.D. Tex.).