Section 348-3-12 - AGE DISCRIMINATIONIn addition to any other unlawful practice on the basis of age prohibited by this chapter or the Act:
1.Mandatory retirement age prohibitedA.Definitions. As used in this subsection, unless the context otherwise indicates, the following terms shall have the following meanings: (1)Employer shall mean any individual or type of organization, including domestic and foreign corporations and partnerships, doing business in the State. Employer also includes the State or any local government, and any department, agency, special purpose district or other instrumentality of the State, two or more states or a local government.(2)Normal retirement age means the specified age, the years of service requirement or any age and years of service combination at which a person may become eligible for retirement benefits. This subparagraph may not be construed to require the mandatory retirement of a person or to deny employment to any person based solely on that person's normal retirement age.B.Unlawful employment discrimination. It shall be unlawful employment discrimination:(1) For any employer to fail or refuse to hire any applicant for employment because of the age of the individual; or(2) For any employer to require or permit, as a condition of employment, any employee to retire at or before a specified age or after completion of a specified number of years of service.C. This subsection shall not be construed to prohibit the use of a normal retirement age, provided that normal retirement age and the accrual or awarding of pension or retirement benefits shall not be used in any way to require the retirement of an employee or to deny employment to a person.D.Applicability. This subsection shall apply to all employers in the State.94-348 C.M.R. ch. 3, § 12