Employment Law and Selective Service Blog


Firm Bows to EEOC and Drops Mandatory Retirement Policy

Posted by Marc Smith | Apr 09, 2010 | 0 Comments

Bowing to pressure from the Equal Employment Opportunity Commission, Kelley Drye & Warren, a large law firm with offices in New York, Washington and other cities in the U.S. and abroad, has dropped its mandatory retirement policy after facing pressure from an EEOC age discrimination suit, which alleged that the firm's retirement policy discriminated against older partners.  In a reversal of its previous policy, the firm apparently recently amended its partnership agreement to allow equity partners to continue on past age 70.  Senior partners will now be judged solely on performance, like other partners.

A number of the country's larger firms have similar policies — its success with Kelley Drye may well prompt the EEOC to target other firms with similar mandatory retirement policies.

About the Author

Marc Smith

Marc J. Smith is a Rockville, Maryland employment attorney and a founding member of the law firm formerly known as Smith, Lease & Goldstein, LLC. In 2018, after 18 years managing Smith, Lease & Goldstein, LLC's employment counseling and litigation practice, Marc launched his own boutique practice...


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The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.