Introducing AARP RealPad: The Wi-Fi Tablet That Makes It Easy to Share, Learn, Connect and Play. Learn more


Celebrate Hispanic Heritage Month
AARP Real Possibilities



AARP Games - Play Now!

Contests and

$10,000 Games Galore Sweepstakes

Sept. 3, 2014 - Oct. 14, 2014
Play AARP Games for a chance to win $10,000!
See official rules. 

AARP Auto Buying Program



Nothing has been viewed

Hear Ye! Hear Ye!

The Case of the Forced Retirement

Does a retiree have grounds for age discrimination?

Drawing of a confidential agreement occurring behind closed doors. Robert Hale v. APUSA age discrimination lawsuit.

APUSA settled the case with Hale. — Illustration by Michael Hirshon

The verdict

Hale brought his case before the U.S. District Court for the Eastern District of Virginia. APUSA asked the court to dismiss the case before trial, through an action called summary judgment, arguing that Hale had not shown the basic evidence needed for an age discrimination case.

In examining the evidence, the court had to decide whether there were disputes over issues of fact that would require a jury. Looking at Santner's statements about Hale's age, the court found that whether or not Santner's remarks were general and innocuous, or evidence of discrimination, was a question for the jury. As to whether Hale would have been fired regardless of his age, the court explained that there is no age discrimination if an employer can show legitimate reasons for termination. But the court decided that APUSA's claim that Hale would have been terminated regardless of his age required a jury's deliberation.

APUSA's request for summary judgment was denied. Once the court ruled that Hale could go ahead with his lawsuit against the company, APUSA settled the case. As part of the settlement, both parties agreed to keep the details confidential.

Also of interest: Job search resources, websites for older workers. >>

Robin Gerber is a lawyer and the author of Barbie and Ruth: The Story of the World's Most Famous Doll and the Woman Who Created Her.

Topic Alerts

You can get weekly email alerts on the topics below. Just click “Follow.”

Manage Alerts


Please wait...

progress bar, please wait

Tell Us WhatYou Think

Please leave your comment below.

Today's News

Discounts & Benefits

From companies that meet the high standards of service and quality set by AARP.

Downloadable mobile app from AARP® Roadside Assistance from Allstate.

AARP Credit card from Chase

Members can earn 3% cash back on purchases with the AARP® Credit Card from Chase.

Member Benefits

Join or renew today! Members receive exclusive member benefits & affect social change.