In France today, older workers are still relatively under-represented in the labour market, even though the situation has improved statistically since the early 2000s. This can be seen as a form of social exclusion, or even systemic discrimination. This raises the question of the role of the law and the effect of employment policies specific to older workers. Indeed, it seems that the only truly effective measures to keep older people in work have been the pension reforms, i.e. measures that are coercive and at the same time unequal. These policies need to be re-examined from a fundamental rights perspective.