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This is kind of like the question, “Can you ask someone if they’re disabled?” You can, but plan on being sued and plan on losing. So, I would say do not do that. Because essentially walking up to someone and saying, “Hey, maybe it’s time for you to retire.” Is another way of saying, “You’re too old to be valuable to me. See ya.”
Minneapolis and St. Cloud employment law attorney Sheila Engelmeier explains that a employer recommending someone retire is an invitation to be sued. She explained that asking an employee whether they have a disability is not advisable because doing so can expose an employer to legal liability. She emphasized that although such a question may technically be asked, employers should expect the possibility of being sued and losing the case, making it a practice that should be avoided. Similarly, she cautioned that suggesting an employee should retire can be interpreted as implying that the employee is too old to remain valuable to the organization, which may constitute age discrimination.
