What is considered an older worker?: Definitions, Legal Protections, and Workplace Trends

According to a 2024 survey from resume and career advice service MyPerfectResume, an astonishing 99% of workers over the age of 40 have reported experiencing ageism in the workplace. Defining what is considered an older worker, therefore, is not a simple matter of age, as different contexts—including legal, statistical, and societal—use varying benchmarks.

Quick Summary

The definition of an older worker is not uniform and varies across legal, governmental, and organizational contexts. This guide explores the different age thresholds used by entities like the EEOC and Bureau of Labor Statistics, discusses legal protections against age discrimination, and examines modern workplace trends for older adults.

Key Points

• Legal Definition: The Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from employment discrimination.

• Statistical Definition: Government agencies like the Bureau of Labor Statistics and programs like SCSEP typically define older workers as 55 or 65 and older for demographic tracking and aid programs.

• Prevalence of Ageism: Despite legal protections, a high percentage of workers over 40 report experiencing ageism, from being passed over for promotions to being pressured to retire.

• Older Worker Traits: Modern older workers are more educated and more likely to work full-time or be self-employed compared to previous generations.

• Experience Outweighs Stereotypes: Research indicates that older workers are often just as productive as younger ones, bringing valuable experience to compensate for age-related changes.

• Mitigating Ageism: Companies can reduce ageism by focusing on skills-based hiring, providing training opportunities, and promoting multigenerational collaboration through programs like reverse mentoring.

Varying Definitions Across Different Contexts

The age at which someone is considered an “older worker” is not fixed. Instead, the definition depends heavily on the specific context—be it for legal purposes, statistical analysis, or employment programs.

Legal Definitions: The ADEA and Protections for Workers 40+

In the United States, the Age Discrimination in Employment Act (ADEA) of 1967 provides the most widely applicable legal definition. The ADEA protects applicants and employees aged 40 and over from discrimination in various aspects of employment, including hiring and promotion. It also prohibits harassment and retaliation based on age and generally applies to employers with 20 or more employees.

Statistical and Programmatic Benchmarks

Different age ranges are used for statistical tracking and specific programs. The Bureau of Labor Statistics (BLS) often considers workers age 55 and older in their statistics on the labor force, and may focus on those 65 and older for data on career longevity. The Senior Community Service Employment Program (SCSEP) provides assistance to low-income, unemployed individuals who are 55 or older. The Social Security normal retirement age, which has increased, is sometimes used as an informal benchmark.

Shifting Employer Perceptions

Employer perceptions of an “older worker” can be influenced by industry and company culture. Ageism is notable in tech, with some workers feeling marginalized in their late 30s. Recent surveys show some employers consider workers in their 50s old, highlighting a gap between legal protections and workplace realities.

The Realities of Modern Older Workers

Today's older workforce is evolving, marked by increased education, higher rates of full-time employment, and a greater likelihood of self-employment compared to past generations. Workers aged 65 and older also report high levels of job satisfaction.

Addressing Workplace Ageism

Despite legal protections, ageism persists, often rooted in outdated stereotypes.

Stereotypes vs. Reality

Perception (The Myth)	Reality (The Facts)
Slower and less productive	Many older workers are equally or more productive than younger colleagues, bringing valuable experience.
Resistant to technology	Many are proficient with technology and willing to learn. The average age of a successful startup founder is 45.
More injuries and longer recovery times	Older workers have lower rates of non-fatal injuries but may take longer to recover if injured.
High salary expectations and costs	While they may earn more, this reflects experience. Focusing solely on salary overlooks the value and expertise they bring.

Best Practices for an Age-Inclusive Workplace

Organizations can combat ageism by focusing on merit rather than age. Strategies include blind resume reviews, skills-based training for all employees, and multigenerational mentorship programs. Standardized performance evaluations based on job performance also help prevent unfair treatment.

Conclusion

Defining what is considered an older worker is not straightforward, with legal, statistical, and societal contexts offering different benchmarks. The ADEA legally protects those 40 and over from discrimination, while statistical agencies often use 55 or 65 as reference points. The modern older workforce is increasingly educated and engaged. Combating ageism requires challenging stereotypes and implementing inclusive practices that value the experience and skills older workers contribute.

Frequently Asked Questions

What is the legal age limit for age discrimination?

The Age Discrimination in Employment Act (ADEA) of 1967 protects workers and applicants who are 40 years of age or older from discrimination based on their age.

How do employers perceive older workers?

Employer perception is mixed. While some value the experience of older workers, ageist stereotypes, particularly in tech, still lead to biases. Some hiring managers consider workers as young as their 50s to be 'older,' potentially hindering their career advancement.

Are older workers more expensive for companies?

This is often a stereotype. While older workers may command higher salaries due to experience, this is often offset by their proven reliability, dedication, and institutional knowledge. Focusing only on salary costs and ignoring value can lead to significant talent loss.

Do older workers have higher injury rates?

No, older workers actually have a lower frequency of occupational injuries than younger workers. However, when an injury does occur, the recovery time for older workers tends to be longer.

How can companies combat ageism in the workplace?

Companies can combat ageism by implementing skills-based hiring practices, offering training to all employees, fostering multigenerational teams, and standardizing performance evaluations based on objective measures, not age.

Are older workers less adaptable to new technology?

This is a common and often false stereotype. Many older workers are proficient with new technology, and many are willing to receive training. Evidence shows a significant portion of older workers are highly educated and capable of adapting to technological changes.

What are the benefits of hiring older workers?

Hiring older workers provides numerous benefits, including valuable institutional knowledge, high levels of productivity and job satisfaction, proven reliability, and enhanced diversity and inclusion within the workforce.