Workers Want to Work Past 65. But New Survey Shows Some Employers Have Age Cutoff—Despite Federal Law

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Plenty of Americans plan to keep working past 65, but some employers are already saying they'll be too old, despite federal law.

That's according to a Transamerica Institute survey released Thursday, which asked at what age a job candidates become "too old to hire." Most said it depended on the person, but about 30% were willing to name age limits. Among the ages cited, the median was 65. Some went lower: 8% gave an age under 60. The survey collected responses from 1,900 employers and 6,153 workers at for-profit companies in fall 2025.

It's striking that employers would name an age at all—whether 50 or 100. The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for an employer "to fail or refuse to hire... any individual... because of such individual's age." The law covers employers with 20 or more workers and protects everyone 40 and older.

"Employers proceed at their own risk when they single out employees based on age or suggest someone is 'too old to work,'" William Alvarado Rivera, senior vice president of litigation at AARP Foundation, told Investopedia. Such actions could violate ADEA and state and local antidiscrimination laws, he said.

If you're 40 or older and job-hunting—or expect to be—federal law protects you from age-based hiring decisions at any company with 20 or more employees. If you suspect discrimination, you generally have 180 days to file with the EEOC. ADEA and similar laws at the state and local level will matter more to everyone as more older adults expect to work later in life before they can retire.

Sixty-three percent of employers told Transamerica that decisions over hiring and keeping employees "depends on the person"—another 8% said they were "unsure" of when people were "too old to hire."

When the remaining employers gave specific ages, answers differed on whether hiring or retaining employees. While 65 was the median age when a candidate becomes "too old to hire," 68 was the median age current employees become "too old to work."

The survey also captured workers' plans: 38% expect to retire after 65, another 6% don't think they'll retire at all. Just over half of those surveyed said they planned to work full or part time in retirement. Those surveyed cited the high cost of living and the need for income as reasons to work longer.

These workers are also part of a several-decade-long shift. The move away from employer-funded pensions has left workers to self-fund a greater share of retirement, said Catherine Collinson, president of the Transamerica Institute. "We expect [the trend] to intensify as Generation X nears retirement."

The Bureau of Labor Statistics projects workers 65 and older will be the fastest-growing segment of the U.S. workforce through 2034, with participation among 65-to-74-year-olds rising to 30%.

Among employers who had job openings in 2025, 64% said they gave "a great deal" or "quite a bit" of consideration to candidates 50 and older. Five percent said they gave "none," and 9% said they had no applicants 50 or older at all.

Even when employers self-describe as "age friendly," Collinson cautioned that there are no widely accepted criteria or measures for what that means. "While many employers self-identify with the sentiment of 'age friendliness,' it is not necessarily reflected in their employee recruitment and retention efforts, business practices, and benefit offerings," she said.

Older workers are worried for their jobs. In a January survey from AARP Research of 1,656 workers age 50 and older, 22% said they feel they're being pushed out of their present jobs, and 64% said they had seen or experienced age discrimination at work.

Against this backdrop, advice for older workers tends to fall into two buckets: try to stay competitive in your field and know your rights. Collinson suggested older workers should keep their job skills current, network, and make contingency plans.

If you think age discrimination is affecting your employment, AARP Foundation's Rivera said, you should document the relevant facts, dates, and communications and promptly file a charge with the EEOC or a state or local fair employment agency—"Strict filing deadlines apply," he said.

Even if an agency declines to act, you can still pursue claims in court.

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