[Professional freedom and personal protection of elderly employees]

A whole range of collective bargaining covenants, staff agreements, and employment contracts stipulate age limits which lead to a termination of employment when the employee reaches a certain age (e.g., 55, 60, or 65). In the Federal Republic of Germany, as opposed to the United States, it tends to be overlooked that this in many cases constitutes a form of "age discrimination", thereby hindering the personal development of the employees affected. The author argues that legal age limits should be evaluated in the light of constitutional standards. He arrives at the conclusion that such age limits frequently do not conform with the guarantees provided by Art. 12 of the Grundgesetz ("Basic Law") of the Federal Republic of Germany. This is particularly true when age limits are implemented as a tool of employment policy. One can but hope that the current line of reasoning of the Bundesarbeitsgericht (Federal Labor Court), which allows a broad application of age limits, will receive an impetus in a new direction. This could come about by a decision of the Full Court of the Bundesarbeitsgericht or by legislative action.