Navigating Age Discrimination and Testing: How to Support Aging Workers Legally and Effectively

Mature worker with clipboard checking delivery, stock in warehouse.

By Chase Feeler, PT, DPT, NRCME
Director of Functional Testing, WorkSTEPS

Long-term employees are often some of the most valuable assets to an organization. They bring a wealth of experience, deep knowledge of job responsibilities, and a high level of productivity. However, as employees age, they may face physical and medical challenges that can impact their ability to perform essential job functions. This presents a significant concern for employers: How can they enable these skilled workers to continue performing at their best while maintaining their health and safety?

Understanding Age Discrimination Laws

Employers must balance the need for productivity with the legal requirements around age discrimination. The Age Discrimination in Employment Act (ADEA) of 1967 prohibits discrimination against individuals 40 and older in companies with 20 or more employees. Some state and local laws offer even greater protections against age discrimination. Additionally, employers are also subject to the Equal Employment Opportunity Commission (EEOC) guidelines, which protect against discrimination based on age, disability, and other factors.

As the workforce ages, these issues become increasingly important. According to AARP, over a third of the essential workforce in the United States is aged 50 or older. Pew Research shows that the number of workers aged 75 and older has quadrupled since 1964, and the U.S. Bureau of Labor Statistics projects that older worker employment will continue to grow in the coming years. Factors such as longer life expectancies, delayed retirement, and the rise of less physically demanding jobs contribute to this trend.

Age Discrimination in Hiring and Post-Employment

Age discrimination laws apply not only during the hiring process but also to existing employees. Pre-employment screenings should never be based on age, but instead on the ability of candidates to meet the essential physical demands of the job. Pre-hire physical exams, if required, should reflect the actual demands of the position, such as lifting weights, repetitive motions, and the ability to perform specific job-related physical tasks like crawling or climbing. Employers should ensure that their testing criteria are documented, validated, and consistently reviewed to align with any changes in job requirements.

Pre-employment screenings should never be based on age, but instead on the ability of candidates to meet the essential physical demands of the job.

In post-employment scenarios, employers can require employees to undergo physical assessments before returning to work, particularly if there is a concern about performance, a request for accommodation, or a return from injury. These tests assess whether employees can still meet the essential physical demands of their job and, if not, what modifications or accommodations may be necessary.

Providing Support for Aging Employees

When an aging employee cannot meet the full physical demands of their role, employers should take a proactive approach to support their rehabilitation and continued success in the workplace. This may include offering physical therapy, occupational therapy, or customized work hardening/conditioning programs designed to improve strength and address specific job-related demands. In some cases, employees may be placed on modified or “light” duty while working to rehabilitate.

Employers should give employees sufficient time to demonstrate improvement and return to full capacity. If this is not possible, alternative solutions may be considered, such as placing the employee in a less physically demanding role or creating a new position tailored to their capabilities.

Conclusion

By fostering a workplace culture that embraces the needs of aging employees and providing them with the resources to maintain their health and productivity, employers can retain valuable expertise while reducing the risk of injury and maximizing employee well-being. Taking a proactive and legally compliant approach to age-related concerns ensures that all employees, regardless of age, can continue contributing to the success of the organization.

To learn more about this topic, we recommend reading our partner Fit For Work’s companion blog, The Physical Impact of Aging on Your Workforce: Retaining Expertise & Reducing Risk.

If you’re interested in learning more about WorkSTEPS’ employee testing, please contact us for more information.

Author headshot

Chase Feeler graduated with a Bachelor of Science degree in exercise and sports sciences from Texas State University in 2007. He performed graduate work at University of Texas Medical Branch and received his Master of Physical Therapy in 2009 and his Doctor of Physical Therapy in 2010. Chase worked at a Level 1 trauma hospital for five years post- graduation before joining the WorkSTEPS team in 2015. Chase consults regularly with clinicians across the United States regarding job analysis and employment testing. Chase enjoys music, sports, entertainment, and spending time with his wife and three children.