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Nonprofit Law/Mandatory Retirement Age


I work for a non-profit organization.  I was told this past Monday that this organization has established a policy that dictates that a person turning 66 years of age is subject to Mandaroty Retirement at that age.  I thought mandatory retirement was against the law. Are non-profit organizations exempt from that law?

I have in my profile that this free forum is only for general questions relating to IRS federal exemption issues of 501(c)(3) organizations. Your question is about employment law, not exemption law.  However, I will direct you to the site of the U.S. Equal Employment
Opportunity Commission and their FAQ
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4. Who is required to follow the rule?

The rule applies to all private employers with 20 or more employees, state and local government employers, employment agencies, and labor organizations.  Although the ADEA applies to the federal government as an employer, the rule does not apply to federal employers by virtue of section 633a(f) of the ADEA.
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You could also check your local laws as some cities and states would have more extensive coverage.  If you organization has 19 employees or less, then the burden is on the employer to show an exception to the federal rules.  I see no exception in the federal that applies because the employer is a nonprofit organization.

If you want to see the federal regulations, you may read them at 29 C.F.R. 1625
and the next couple of sections starting down at 1626 about 1/2 way down that page

Harvey Mechanic, Attorney at Law -

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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