Q. "Can we require a pastor to retire at a certain age?"
Answer:
When it comes to non-pastors, there are many rules about age discrimination. For pastors, the rules are different.
Based on legal precedent, the church has been exempt from EEOC discrimination claims when it comes to its ministers. A United States Supreme Court’s 2012 ruling concluded, "When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us. The church must be free to choose those who will guide it on its way."
From a legal perspective, it appears that as long as the staff member in question clearly qualifies as a minister, your organization could legally force retirement due to age. Now you're left with the question of, "should you?"
As an organization that advocates for the care of your most valuable asset, your staff, we strongly recommend against implementing a policy that forces pastors out at any age. Not only would this hurt the individual employee, but could rob your organization of the wisdom and talents honed through years of experience.
While legal precedent may be on your side, firing a pastor solely because they have reached an undesirable age could unleash a scarred organizational culture, negative publicity, and an expensive and time-consuming legal battle that could ensue at both a federal and state level.
If old age has, in fact, negatively influenced the employee's performance, allow their performance to stand on its own. Walk the employee through the appropriate channels of evaluation, discipline and, if necessary, offboarding based on what they have or have not done, not the number on their birthday cake.