What Age Is ‘Too Old’ to Hire? Some Employers Have a Number

“People are aging differently now, and people are looking to work,” Collinson says. “Life expectancies have increased. In our research among workers, many are already thinking in terms of 100-year life, and that includes revisiting how we spend our time in life and work and in retirement. It’s just plain common sense for people to aspire to work longer and retire at an older age, but their success hinges on employers having business practices in place and opportunities for them to be able to do so.”

Federal, state and local laws ban age discrimination in employment, usually starting at 40. Those laws, however, can be difficult to enforce unless someone successfully sues a business, which can be a significant legal hurdle itself.

That leaves policies and practices about job and career opportunities for older adults largely to the discretion of employers. The survey responses to the “too old” questions suggest that age bias could be affecting hiring choices when older adults apply for jobs. According to the survey, among those employers with job openings in 2023, more than half (55 percent) said they gave either “a great deal” or “quite a bit” of consideration to applicants age 50 and older. Twenty percent of employers gave those applicants “some” consideration, while 10 percent said they did not give those older applicants any consideration. Eleven percent of the employers surveyed did not have any applicants age 50 or older last year.

The Transamerica survey also finds a disconnect between employers and workers on how workplaces support older adults. Nearly 9 of 10 employers (87 percent) said their companies are “age-friendly” because they offer job opportunities, work arrangements, and training and tools needed for people of all ages to be successful. But in a separate survey of workers, only 69 percent of respondents said their employers were age-friendly.

What to do if you experience age discrimination in hiring

Many applicants never know the reasons they weren’t hired. But if you think you’ve encountered age discrimination, you should consider your legal options.

The process starts with documenting what happened. Write down what was said and done, possible witnesses, and any paperwork, emails, texts or recordings. You can then choose to file an inquiry with the federal Equal Employment Opportunity Commission (EEOC) or a state or local agency. The EEOC process can start through an online submission or by calling 800-669-4000.

Though you don’t need a lawyer to start the inquiry, an attorney can help you with key decisions such as whether it’s better to pursue a suit under federal, state or local laws. Most discrimination lawyers work on a contingency basis (they get a paid a percentage of the judgment). Some lawyers may be willing to work pro bono. One place you might start your search is the National Employment Lawyers Association website.

Winning an age discrimination lawsuit can be difficult because plaintiffs sometimes must prove that their age is the only reason they weren’t hired, not that it was a contributing factor. But the process can work. For example, in December, the EEOC secured a $90,000 settlement for a 49-year-old man in Madison, Wisconsin, who wasn’t hired for a sales job because the recruiter told him that he was “overqualified” and that the company was “looking for someone more junior that can … stay with the company for years to come.”