As the U.S. workforce continues to age, many employees are choosing—or needing—to work longer. For employers, this shift brings both opportunity and increased responsibility. One area that deserves particular attention is age discrimination risk.
Recent data shows that workforce participation among individuals ages 55–64 continues to grow and is expected to increase further in the coming years. With more multigenerational teams in place, organizations must ensure their employment practices evolve accordingly.
Understanding Age Discrimination Exposure
The federal Age Discrimination in Employment Act (ADEA) protects individuals age 40 and older from discrimination across all aspects of employment, including hiring, compensation, promotions, terminations, and benefits. In addition to federal requirements, many states have enacted their own, often broader, protections.
Despite these safeguards, claims are rising. The Equal Employment Opportunity Commission (EEOC) has reported a steady increase in age discrimination filings over the past several years—highlighting that this remains an active and growing area of exposure for employers.
Where EPLI Fits In
Employment Practices Liability Insurance (EPLI) is designed to help organizations manage the financial impact of employment-related claims, including those involving age discrimination.
Coverage typically applies to claims brought by current employees, former employees, or job applicants, and may extend to leadership, managers, and staff. Policies can help address:
- Legal defense costs
- Settlements and judgments
- Allegations involving discrimination, harassment, retaliation, and wrongful termination
While EPLI cannot prevent a claim, it plays an important role in protecting an organization’s balance sheet and supporting a structured response when issues arise.
Importantly, this is no longer a concern limited to large organizations. Businesses of all sizes—across industries—are facing increased scrutiny. Many smaller firms now have access to EPLI either as a standalone policy or as part of a broader insurance package.
Practical Steps to Reduce Risk
A strong risk management approach combines insurance with proactive workplace practices. Organizations that focus on consistency, documentation, and training are better positioned to reduce both the likelihood and severity of claims.
Consider the following:
Standardize hiring practices
Use structured, age-neutral interview questions and consistent evaluation criteria. Partnering with HR to formalize this process helps reduce unintended bias.
Communicate policies clearly
Ensure age discrimination policies are visible, accessible, and included in employee handbooks. Clarity sets expectations across the organization.
Train managers regularly
Supervisors should understand both the policy and how it applies in day-to-day decisions—from hiring to performance management.
Take complaints seriously
Establish clear reporting procedures and investigate concerns promptly and thoroughly. Documentation is critical.
Support a multigenerational workforce
Engagement strategies such as mentoring programs, career development opportunities, and flexible work arrangements can improve retention and productivity across age groups.
Strengthen inclusion efforts
A thoughtful approach to diversity and inclusion supports better decision-making, improves culture, and can reduce turnover.
A Balanced Approach
Well-designed policies and training are essential—but even strong organizations can face allegations. That’s why many businesses view EPLI as one component of a broader risk management strategy.
At Bender, we work with clients to align coverage with their operational realities—helping them navigate evolving workforce risks while maintaining a focus on long-term stability and growth.
If you’d like to evaluate your current approach to EPLI or discuss ways to strengthen your employment practices, our team is here as a resource.
This article is intended for informational purposes only and should not be interpreted as insurance, legal, or risk management advice.
