In today’s evolving labor market, it is essential for employers and organizations to recognize the value and strengths of a multigenerational workforce. Embracing age diversity not only brings a range of experiences and perspectives, but also supports innovation, collaboration, and a stronger talent pipeline.
Understanding the Generations in the Workforce
Currently, there are five generations active in the American workforce. While the year demarcations vary depending upon the sources, the following years are used, as cited by Purdue Global.
- Traditionalists: Born 1925–1945
- Baby Boomers: Born 1946–1964
- Generation X: Born 1965–1980
- Millennials: Born 1981–2000
- Generation Z: Born 2001–2012
These generations vary by size and workforce participation.
According to the U.S. Department of Labor, in Q3 2023, Gen Z workers surpassed Baby Boomers in labor force share for the first time. By Q2 2024:
- Millennials led with 36%;
- Gen X followed with 31%;
- Gen Z made up 18% of the workforce;
- Baby Boomers comprised 15%; and
- Traditionalists (Silent Generation) had largely retired, making up just 1%.
Additional insights from Purdue Global include:
- 10,000 Baby Boomers reach retirement age daily.
- 49% of Baby Boomers plan to or are already working past age 70.
- Gen X will outnumber Boomers by 2028.
- By 2025, Millennials are expected to make up 75% of the global workforce.
- 40% of Gen Z workers prefer daily or more frequent interaction with their managers.
Demographic Shifts with an Aging Workforce
Despite the rise of younger generations, the American workforce is aging — and quickly. According to the U.S. Bureau of Labor Statistics, the labor force participation rate for those aged 75 and older is projected to grow from 8.9% in 2020 to 11.7% by 2030, a staggering 96.5% increase in the number of working seniors.
Additionally, population growth is expected to slow to an annual rate of 0.8 percent, the slowest rate of any other 10-year period over the past 50 years. For this reason, the highest population growth through 2030 is expected to be driven by the oldest age groups. The population is projected to grow by 20.8 million over the 2020–30 decade, but more than 80 percent of that growth is accounted for by people ages 65 and older, which will result in an older workforce.
The Pew Research Center also reported in 2023 that:
- The percentage of workers aged 65+ has nearly doubled in the last 35 years — from 11% in 1987 to 19% in 2023.
- 62% of older workers now work full time, up from 47% in 1987.
This data reflects a clear trend that as the U.S. population ages, many individuals are choosing to stay in the workforce longer.
With Shrinking Talent Pools, Employers Must Work Hard to Retain Workers and Remain Competitive
According to “The Mystery of the Declining U.S. Birth Rate,” since the Great Recession in 2007, the U.S. birth rate has fallen swiftly (by 20%) “with no signs of reversing.” However, the decline in the U.S. birth rates “cannot be explained by [any obvious] demographic, economic, or policy changes.” Although there are some suggested reasons for this that include increased use of effective contraception, improved job opportunities for women, and high levels of student debt, evidence is lacking to back up these theories. A sustained decline in birth rates in the U.S. will lead to a smaller workforce and older population. Generally, this has “negative implications for economic productivity and per capita income growth,” as well as puts increased fiscal pressure on federal programs such as Social Security, because there are fewer workers contributing to society.
Moreover, the article “Do Fewer Babies in the U.S. Now Mean Fewer Workers in the Future?” concludes that this shortage of workers in the upcoming years will lead to more competition among employers as recruitment will need to become more competitive regarding pay and benefits. Keeping workers engaged and loyal to the company, as well as providing a superior working environment will be imperative.
There is also a global population decline, and it is happening faster than expected – fertility and birth rates are falling, and populations are aging. The global birth rate crisis is explored in the article “The Birth-Rate Crisis Isn’t as Bad as You’ve Heard—It’s Worse,” which explains that as poorer countries develop, and advanced countries continue progressing, people tend to move from rural spaces to cities, education and access to contraception increases, and there are greater economic opportunities, thus women are reproducing at a far lesser rate. On average, the birth rate due to these factors, among others, decreases familial birth rates from six to two children. This means that older generations, and in turn the economy, is supported by fewer younger workers who will face higher taxes, greater economic burden, and longer years in the workforce.
Navigating Multigenerational Teams
There are a number of benefits with a multigenerational workforce, such as:
- Diverse perspectives
- Enhanced problem-solving
- Broader skill sets
However, with each generation, there are different ways of working and expectations, including:
- Different ways of communicating
- Differing expectations of success
- Varied work styles
Age Discrimination & Harassment Legal Protections: Federal vs. State
Both federal and state laws prohibit age-based discrimination in the workplace, but state laws often provide broader protection.
Under federal law, the Age Discrimination in Employment Act (ADEA) protects employees who are 40 years of age or older who work at employers with 20 or more employees. While many states have age discrimination laws that mirror the federal law in only protecting employees who are 40 years old and older, there are a number of states that protect against age discrimination and harassment regardless of age.
Under the New Jersey Law Against Discrimination (NJ LAD), all employers, regardless of size, are covered, and a broader number of remedies are potentially available to prevailing plaintiffs. NJ LAD protections apply to individuals 18 and older. As such, this protects younger employees as well. The New Jersey Supreme Court confirmed this decades ago in Bergen Commercial Bank v. Sisler, 157 N.J. 188 (1999).
In Bergen Commercial Bank v. Sisler, Sisler alleged he was wrongfully terminated in violation of the NJ LAD because of his employer’s belief that he was too young for the job. Sisler was 25 years old when he was hired for a Vice President position. Shortly before beginning his employment, he met with his employer’s President/CEO and Chairman/Co-Founder who were “shocked” to learn that Sisler was only 25 years old, and requested that he not share his age with anyone else because it might be “embarrassing.” A week after Sisler began his employment, he again met with the President/CEO and Chairman/Co-Founder who expressed dissatisfaction with Sisler’s work and indicated that he might be terminated. At the same time, they suggested that Sisler relinquish his position and become a consultant. Sisler refused, and thereafter he was demoted. Following a meeting on January 21, 1994, in which Sisler’s poor job performance was discussed, the Bank fired Sisler after less than five months’ employment and replaced him with an employee in his 30s. The New Jersey Supreme Court found that the NJ LAD affords protection to any employee who suffers an adverse employment action because of age regardless of their age.
New York law also protects against age discrimination regardless of age. For example, in McLean Trucking Co. v. State Human Rights Appeal Bd., 437 N.Y.S.2d 309 (1st Dep’t 1981), aff’d, 55 N.Y.2d 910 (1982), a 23-year-old was denied employment due to a minimum age requirement of 24, a violation of both New York State and New York City Human Rights laws. See also Gough v. Remedy Partners, LLC, 022 N.Y. Misc. LEXIS 11180 (N.Y. Supreme July 7, 2022).
In New York, under the NY State Human Rights Law, it is illegal for any employer, including independent contractors, to discriminate against an employee aged eighteen years or older in an employment setting, including in employment decisions such as promotions and termination, and apprentice and training programs. NYSHRL § 269. Similarly, in New York City, under the New York City Human Rights Law, employers are prohibited from discriminating against an employee based on age when it comes to employment decisions, and negative treatment such as harassment. This law applies to all workers, regardless of age, and extends to employers with four or more employees, including independent contractors. N.Y.C. Admin. Code § 8-102.
There are also a number of other states that protect against age discrimination and harassment regardless of age.
Age Discrimination & Harassment Cases & Liability
Despite the increasing presence of older workers, age discrimination remains a persistent issue in New Jersey and across the country.
Recent legal cases highlight how this form of bias continues to impact workers:
- In January 2025, Robbinsville School District (Mercer County, NJ) paid a $115,000 settlement to a former nurse who filed a lawsuit in September 2023 alleging age discrimination after being terminated at age 63. She claimed that younger, less experienced nurses with fewer certifications were retained.
- In April 2025, Thomas Shanley, a 79-year-old former manager at Borst Landscape & Design, won over $200,000 after a New Jersey Bergen County jury found he was wrongfully terminated due to age. Testimony included derogatory comments about his age and evidence that younger workers were favored.
- In July 2024, Hatzel & Buehler, Inc. paid $500,000 to settle a lawsuit filed by the EEOC alleging that older candidates were intentionally excluded from hiring in favor of younger applicants at a New Jersey location.
In recent years, the legal industry has seen its fair share of age discrimination lawsuits.
For example, a former Katten Muchin Rosenman partner brought an age discrimination lawsuit against the law firm and its top leadership for $67 million in April 2025 alleging he was pushed out of the aircraft-finance practice group, pressured to resign, and then fired because of the firm CEO’s “stereotyped views of lawyers in their 60s who had already worked nearly 40 years.”
Likewise, in 2025, a former chief counsel for Sunoco LP filed a lawsuit in Texas state court, alleging that she was denied promotional opportunities and ultimately terminated because of her age. She claimed the company systematically replaced attorneys over 50 with significantly younger, less experienced attorneys.
And it is not just discriminatory decisions based on age, but age-related comments and stereotypes that may create a hostile work environment.
By way of example, courts have found that pervasive comments based on age, such as “Oh, you’re still here, you haven’t retired yet,” and “what’s up OG?” may create a hostile work environment. Treadwell v. District of Columbia, No. 23-cv-03616, 2023 U.S. Dist. LEXIS 225197 (D.D.C. Dec 19, 2023). In Dediol v. Best Chevrolet, Inc., 655 F.3d 435, 441 (5th Cir. 2011), the Fifth Circuit reversed a lower court’s grant of summary judgment on an ADEA hostile work environment claim where the plaintiff had offered evidence that, “a half-dozen times daily,” he was called “names like ‘old mother******,’ ‘old man,’ and ‘pops.'”
Claims can arise when employees openly make negative or derogatory comments about co-workers based upon their generation and age and engage in generational shaming (i.e., labeling Millennials as lazy, Baby Boomers as out-of-touch, or Gen Z as entitled), as this may contribute to a toxic workplace environment that may be perceived as abusive or hostile. If left unchecked, this may lead to complaints of discrimination or harassment.
Claims related to generational bias and harassment may result in costly lawsuits and damage to the organization’s public image and business reputation. Further, generational shaming creates division among employees and may have a negative impact on workplace morale, teamwork, engagement, and productivity.
Recommendations for Employers
To create an inclusive, high-functioning, multigenerational workplace, employers should:
- Customize communication strategies for different age groups
- Encourage intergenerational collaboration
- Consider mentoring programs (with mentoring from not only senior employees mentoring junior employees, but also mentoring from junior employees of senior employees)
- Provide training on avoiding age-related harassment and discrimination and unconscious bias awareness
- Offer reasonable accommodations tailored to generational needs
- Reinforce shared values through team-building initiatives
- Cultivate an inclusive workplace culture rooted in respect and understanding
- Prioritize transparency and engage in meaningful career development
- Focus on mental health and well-being for all generations
Final Thoughts
Recognizing and valuing generational diversity is not only the right thing to do, but it is also good business practice and imperative given the demographics of today’s workplace. As the workforce continues to evolve, the organizations that thrive will be those that embrace multigenerational inclusion across age, experience, and perspective.
This summary is for informational purposes only and is not intended to constitute legal advice. This information should not be reused without permission.