Bipartisan, Bicameral Bill Reintroduced to Protect Older Workers from Age Discrimination
WASHINGTON – Today, a bipartisan and bicameral group of Members reintroduced the Protecting Older Workers Against Discrimination Act (POWADA), a proposal to strengthen anti-discrimination protections for older workers.
In the House, the bill is led by Education and Workforce Committee Ranking Member Robert C. “Bobby” Scott (D-VA-03), Representative Glenn Grothman (R-WI-06), Early Childhood, Elementary, and Secondary Education Subcommittee Ranking Member Suzanne Bonamici (D-OR-01), Representative Brian Fitzpatrick (R-PA-01), Higher Education and Workforce Development Subcommittee Ranking Member Alma Adams (D-NC-12), and Representative Jeff Van Drew (R-NJ-02).
In the Senate, the bill is led by Senators Tammy Baldwin (D-WI) and Chuck Grassley (R-IA).
“Everyone—regardless of their age—should be able to go to work every day knowing that they are protected from discrimination. Unfortunately, age discrimination in the workplace is depriving older workers of opportunities and exposing them to long-term unemployment and severe financial hardship. More than a decade ago, the Supreme Court undermined protections for older workers by setting an unreasonable burden of proof for age discrimination claims. The Protecting Older Workers Against Discrimination Act is a bipartisan bill that would finally restore the legal rights of older workers by ensuring that the burdens of proof in age discrimination claims are treated in the same manner as other discrimination claims,” said Ranking Member Scott.
“Age discrimination is one of the most prevalent issues affecting an entire generation of older Americans,” said Representative Grothman. “The Protecting Older Workers Against Discrimination Act is a crucial initiative that aims to restore legal safeguards for older Americans by ensuring that age discrimination claims receive just as much credibility as any other form of workplace discrimination. Age discrimination is often overlooked, but it is one of the most egregious forms of discrimination hurting Americans. Older workers deserve to work without facing unnecessary burdens.”
“Older workers have a wealth of experience to offer and should not have to overcome age discrimination, or any other form of discrimination, to find a job or fulfill their role in a workplace,” said ECESE Ranking Member Bonamici. “We must hold employers accountable for age discrimination and restore protections for older workers. I’m grateful to lead this legislation with a group of bipartisan colleagues.”
“Discrimination has no place in the American workforce, and no one should lose opportunity, dignity, or legal protection simply because of their age. Our bipartisan, bicameral bill restores a core standard of fairness, ensuring our older workers are valued for their contributions and protected from unjust treatment—just like every hardworking American,” said Representative Fitzpatrick.
“Older Americans have spent their careers bettering our country which is why I’m proud to reintroduce POWADA to strengthen anti-discrimination protections for our senior workers,” said HEWD Ranking Member Adams. “Far too often, older workers face age discrimination in the workplace, with two-thirds of workers over 50 seeing or experiencing age discrimination at work. POWADA will ensure that older workers are treated fairly in the job market, improve age discrimination protections, and make sure they can continue to work with the dignity they’re owed. There is no place for mistreatment in the workforce.”
“In a truly free and fair America, equal opportunity must be a fundamental right for all citizens, regardless of age,” said Representative Van Drew. “Unfortunately, age discrimination continues to deny older workers the opportunities they deserve, despite their years of dedication and contributions to our society. This is unacceptable. That is why I am proud to support the Protecting Older Workers Against Discrimination Act of 2025 to restore legal protections, uphold the dignity of older Americans, and ensure fairness for all.”
“Every Wisconsin worker deserves to feel respected and protected in the workplace. We need to ensure this is true for older workers, so they have equal footing and are treated with the dignity they deserve,”said Senator Baldwin.
“Americans of all ages can offer valuable contributions to our society and economy, including older Americans. They deserve to be protected from workplace discrimination like other Americans. The Supreme Court’s decision involving Iowan Jack Gross impacted employment discrimination litigation across the nation, sending a wrong message to employers that age discrimination is okay. It’s long past time for us to clarify the intent of Congress so Americans don’t face job discrimination due to age,” said Senator Grassley.
In 2009, the Supreme Court’s decision in Gross v. FBL Financial Services, Inc. weakened protections against age discrimination under the Age Discrimination in Employment Act (ADEA). Under Gross, plaintiffs seeking to prove age discrimination in employment are required to demonstrate that age was the decisive motivating factor for the employer’s adverse action.
POWADA returns the legal standard for age discrimination claims to the pre-2009 evidentiary threshold,aligning the burden of proof with the same standards for proving discrimination based on based on race and national origin.
POWADA amends four laws—the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Rehabilitation Act. A similar version of the bill was passed in the House with bipartisan support during the 117th Congress.
Read the bill text for the Protecting Older Workers Against Discrimination Act here.
Read the fact sheet for the Protecting Older Workers Against Discrimination Act here.
Read the section-by-section summary of the Protecting Older Workers Against Discrimination Act here.
The following organizations support the Protecting Older Workers Against Discrimination Act: American Association of Retired Persons (AARP), Aging Life Care Association, Alliance for Retired Americans, Elder Justice Coalition, Leadership Conference on Civil and Human Rights, National Association of Nutrition and Aging Services Programs (NANASP), National Employment Law Project (NELP), National Partnership for Women & Families, National Women’s Law Center (NWLC), The National Council on Aging, and USAging.
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