Labor and employment partner and former assistant U.S. attorney in New York's Eastern District Tracey Salmon-Smith spoke with Law360 Employment Authority about a New York Court of Appeals decision affirming the state constitution’s mandatory retirement age for judges. The ruling rejected a challenge arguing the age limits conflict with New York’s 2024 Equal Rights Amendment (ERA), which expanded state constitutional antidiscrimination protections to include age, but left unresolved broader questions about how the amendment may affect age discrimination claims.
The court found the judicial retirement provision and the ERA could operate independently, but did not decide whether the ERA is self-executing, creates a private right of action, or requires heightened scrutiny for state actions. “The majority's decision to bypass this debate means New Yorkers will have to ‘wait and see’ what the ERA's impact will be on age-based employment claims,” said Salmon-Smith.
“The mandatory retirement age for judges survived the challenge, but the holding is narrow as it is specifically limited to constitutional retirement mandates for judges in New York,” Salmon-Smith added.
