Workers Over 55 Make Up Almost a Quarter of the Workforce – Yet They Still Face Age Discrimination

Workers over age 55 make up almost a quarter of the workforce, according to a report from MyPerfectResume. The growth of older workers now outpaces the general workforce. Yet older workers may still face age discrimination in California workplaces.

The study found that workers over age 55 now make up 23.2 percent of the national workforce, up from 22.1 percent in 2014. Also, the share of workers over age 55 increased 17.3 percent between 2014 and 2025, while the total workforce grew only 11.7 percent.

Even among older workers, the trend is toward increasing age. Between 2014 and 2025, the share of the workforce age 65 and older increased by more than 40 percent. In 2014, 8 million workers were age 65 or older; by 2025, that number increased to 11.4 million. This number includes people who stay in their long-term careers, people who switch to part-time or other roles, and people who retire only to rejoin the workforce later. 

With the workforce getting consistently older, it is perhaps not surprising that “retirement-heavy” roles are common in all industries. In some industries, as many as 50 percent of workers are nearing retirement age.

The prevalence of older workers isn’t evenly spread among industries, either; in some industries, the average age is higher than others. For example, among “farmers, ranchers, and other agricultural managers,” 54.44 percent are 55 years old or older. Just over half (51.91 percent) of all school bus drivers are also 55 or older. More than 40 percent of city bus drivers and clergy are over age 55. Nearly 40 percent of accountants, CEOs, property and real estate managers, real estate brokers, and college professors are also 55 years old or older.

The “oldest” industries cover a wide range of roles and responsibilities, from CEOs (39.18 percent are 55 or older) and lawyers (30.45 percent) to custodians (32.85 percent) and truck drivers (30.81 percent).

Some industries are “aging” faster too, as younger workers don’t enter the pipeline at the same pace. Topping the list of fastest-aging jobs are credit counselors and loan officers, followed closely by maids and housekeepers. Food prep, welding, computer support, and accounting are also seeing their average ages increase.

The MyPerfectResume report combined industries’ average current age and rate of aging to determine which roles are most at risk of “aging out,” or dwindling because they don’t have enough younger workers to replace those retiring. Number one on this list was laundry and dry-cleaning workers, followed by payroll clerks and personal care aides.

Some jobs aren’t attracting enough younger workers to replace the older ones who leave. Experience and institutional knowledge may be concentrated among older workers. Yet, for all their value, older workers still face age discrimination in California and other states.

Under the California Fair Employment and Housing Act (FEHA), employers may not discriminate against or harass an employee or job applicant based on their age, among other protected characteristics. The federal Age Discrimination in Employment Act (ADEA) provides similar protections. Both acts apply to any worker age 40 or older.

Examples of unlawful age discrimination include excluding older people from the hiring process, asking about a candidate’s age, date of birth, or graduation date when hiring, offering lower wages or benefits due to age, or withholding promotions, laying off, or forcing retirement due to age. Workplaces cannot tolerate workers being teased or harassed about their age. A few exceptions exist; for instance, employers with more than 100 employees may ask about age for recordkeeping purposes. Some roles have mandatory retirement ages due to the physical or cognitive demands of the job. Jobs where age is a “bona fide occupational qualification,” such as casting a child actor, can also consider age when filling the role. 

Why is the workforce getting older? The MyPerfectResume study indicates several factors may be involved. The average lifespan is increasing, which also increases the number of years people have to work and stay engaged. Financial pressures are affecting retirement decisions, with many older workers choosing to stay in their roles to make ends meet. These two factors mean that workers may stay in the workforce longer out of choice, necessity, or both. 

Older workers have much to offer. Discriminating based on their age isn’t merely bad business. It’s also illegal. Workers who suffer age discrimination have rights and options under California law. 

If you suspect you’ve been a target of age discrimination at work, talk to a knowledgeable San Francisco Bay Area employment attorney right away. The team at McCormack Law Firm is here to answer your questions. Call us today at 415.925.5161 to discuss your situation and learn more about your legal options. 

Disclaimer: This article is for information purposes only. McCormack Law Firm is not involved in this case.