Is it age discrimination if my employer contributes 5% of earnings to retirement plans for workers under 40 and 10% to workers over 40?

I perceive this as paying a higher wage to some workers based only on their age. Is this legal?

Asked on March 14, 2018 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is legal because the age discrimination laws are designed only to protect older employees, not younger: employees aged 40 and up are protected, but employees aged less than 40 have no age-related protection. So while they could not pay the under-40s more than the older ones, they may pay the over-40s more than the unders.

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