When an employee brings up retirement, a conversation about their anticipated retirement plans may be necessary. However, navigating these sensitive conversations can be a delicate balance. While understanding an employee's retirement timeline may be important for succession planning, being perceived as too aggressive could open up an employer to accusations of age discrimination.

Constangy partner, Robin Shea, recently spoke to the Society for Human Resource Management (SHRM) on this topic. "If the employer comes across as too aggressive when asking about an employee's retirement plans, that could be viewed as age discrimination," says Robin. "On the other hand, if the employer ignores a comment like this, it could be losing a good employee before the employer is ready."

Robin Shea is a partner with more than 30 years of experience representing employers before government agencies and in employment litigation. She has deep experience navigating the intricacies of employment regulations, including Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, and similar state laws. She also conducts workplace investigations and provides training for HR professionals, management, and employees on relevant legal topics. Robin is editor-in-chief of Constangy’s legal bulletins and its four law blogs.

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