Federal policies are sidelining older Americans from the workforce, igniting bipartisan efforts to rewrite outdated rules.

At a Glance

• The Senate Aging Committee held a hearing on September 3, 2025, addressing policy barriers for older workers.
• Experts testified that Social Security and workplace regulations deter senior employment.
• The U.S. population aged 65+ is projected to hit 22% by 2040.
• Conservative voices argue current policies reduce workforce participation and economic stability.
• Lawmakers are exploring legislative fixes, but deep divisions remain.

Policy Frictions in the Silver Economy

Older Americans eager to work are facing a web of policy barriers, as revealed in a U.S. Senate Special Committee on Aging hearing earlier this week. Held on September 3, 2025, and titled “Protecting Older Americans: Leveling the Playing Field for Older Workers,” the session spotlighted how legacy-era laws and benefit structures often disincentivize continued employment.

Rachel Greszler of The Heritage Foundation delivered testimony emphasizing the unintended consequences of Social Security’s earnings test, complex retirement benefit rules, and age-based workplace regulations. Greszler argued that these frameworks were crafted for a different era and are ill-suited to a labor market shaped by rising life expectancy, economic volatility, and post-pandemic recovery demands.

Watch now: Gretchen Carlson Testifies Before Senate Aging Committee Hearing On Age-Based Discrimination

Economic Realities Collide With Old Rules

The U.S. labor landscape has shifted dramatically. As the population of Americans aged 65 and older edges toward 22% by 2040, the notion of “retirement age” is becoming obsolete. Many seniors seek employment out of financial necessity or personal fulfillment, yet federal programs remain locked in mid-20th-century assumptions.

The COVID-19 pandemic accelerated early retirements, intensifying labor shortages in key sectors. However, return-to-work efforts for older adults are frequently stymied by structural hurdles—from disincentives baked into Social Security formulas to age discrimination laws that complicate hiring. According to Greszler, these rules “impose obstacles instead of opportunities,” a view echoed by some lawmakers frustrated by economic stagnation and entitlement strain.

Conservative Influence, Bipartisan Interest

While The Heritage Foundation’s policy stance dominates the conservative narrative, the hearing also revealed bipartisan awareness of the growing problem. Members from both parties acknowledged that the existing regulatory regime may be hampering economic productivity and diminishing older Americans’ financial autonomy.

Employers, too, are caught in the bind. On one hand, they need experienced labor; on the other, they face compliance risk and litigation concerns when hiring older workers. The committee is reviewing post-hearing recommendations and exploring reforms ranging from tweaking the earnings test to redefining workplace protections to better reflect modern employment patterns.

Reforms Ahead, But Debates Loom

Though interest is mounting, legislative outcomes remain uncertain. Lawmakers are currently analyzing expert testimony and weighing proposals. There is consensus on the need for reform, but little alignment yet on specific paths forward.

Potential reforms could dramatically reshape the labor participation of older Americans, offering financial uplift and easing stress on Medicare and Social Security. Still, opposition from various advocacy and legal groups signals that any reform effort must balance constitutional safeguards, fiscal responsibility, and workforce realities.

The political implications are significant. As the demographic curve shifts, so too must the policy landscape. For now, the Senate Aging Committee has ignited a crucial conversation that could redefine what it means to age—and work—in America.

Sources

The Heritage Foundation
U.S. Senate Aging Committee
Congressional Research Service