First, there's this little complete lack of understanding about Age Discrimination Law:
Some of the blame lies with the federal government, which has officially outlawed age discrimination while at the same time makes it inevitable. The antidiscrimination law itself is a reason not to hire an older worker. Given a choice between two equally qualified candidates, whom would you hire, a 35-year-old who could be quickly demoted or fired if he turns out to be incompetent, or a 65-year-old who could sue you for age discrimination?
You know hiring the 65-Year old in the first place, is pretty much a guarantee that you won't get sued for Age Discrimination...but NOT hiring a 65-Year old because you worry about an Age Discrimination suit, is, in fact, age discrimination.
But wait, there's more...
Most workers could keep going longer if they and employers reconsidered the old assumption about a career trajectory. They could learn from the example of John Quincy Adams, who was elected to Congress after serving as president. He dismissed objections that the new job was beneath him, and voters didn't discriminate against him for being overqualified.
In other words, don't take it personal when we demote you from Regional Manager to Door Greeter at the local Wal-Mart old man!