As more employees work later into life, HR teams should review how workplace policies, benefits and management practices account for an aging workforce. Fisher Phillips outlines key compliance considerations for employers, including age discrimination risks, disability accommodations, Medicare coordination, health savings account eligibility and retirement-plan policies.
The guidance notes that federal age discrimination law generally protects employees and applicants age 40 and older, while the ADA can create additional obligations when age-related assumptions overlap with actual or perceived disabilities. Employers should train managers to focus on objective performance standards, avoid assumptions about older workers and ensure benefit communications accurately explain Medicare and health-plan coordination.
“Experience is an asset. Assumptions are a lawsuit,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “As more employees choose to work later into life, HR teams need policies that respect performance, protect workers and keep compliance risks out of the workplace.” 5/20/2026