WASHINGTON, DC – Congressman Brian Fitzpatrick (PA-1) introduced the Protecting Older Workers Against Discrimination Act (POWADA), a landmark bipartisan, bicameral solution to a broken system that for over a decade has made it harder for older Americans to fight back against workplace discrimination. The bill restores a critical civil rights protection and holds employers to the same standard, regardless of a worker’s age.
Fitzpatrick is leading this effort alongside Education and Workforce Committee Ranking Member Robert C. “Bobby” Scott (D-VA-03), Representatives Glenn Grothman (R-WI-06), Suzanne Bonamici (D-OR-01), Alma Adams (D-NC-12), and Jeff Van Drew (R-NJ-02). Senators Chuck Grassley (R-IA) and Tammy Baldwin (D-WI) are championing the bill in the Senate.
“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 Fitzpatrick.
A Legislative Response to a Harmful Supreme Court Ruling
In 2009, the U.S. Supreme Court’s decision in Gross v. FBL Financial Services significantly weakened the Age Discrimination in Employment Act (ADEA) by imposing an elevated legal standard—forcing plaintiffs to prove that age was the sole cause of an employer’s adverse action. This made age discrimination claims substantially more difficult to prove compared to claims involving race, sex, or disability.
POWADA restores the original congressional intent behind the ADEA by returning to a “motivating factor” standard—ensuring that age discrimination is treated the same as other forms of workplace bias under federal law.
The legislation updates four critical civil rights statutes:
- Age Discrimination in Employment Act (ADEA)
- Title VII of the Civil Rights Act
- Americans with Disabilities Act (ADA)
- Rehabilitation Act
“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 Scott.
“Age discrimination is one of the most prevalent issues affecting an entire generation of older Americans,” said 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 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.”
“In a truly free and fair America, equal opportunity must be a fundamental right for all citizens, regardless of age,” said 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.”
“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 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.”
“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.
“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.
A Community-Centered Commitment
Bucks and Montgomery Counties are home to one of Pennsylvania’s largest and most experienced workforces. Thousands of older adults across the region remain active, engaged, and essential to our economy well into their 50s, 60s, and beyond. But despite their contributions, many are still being passed over, pushed out, or quietly pressured into early retirement—too often with no meaningful legal recourse.
The Protecting Older Workers Against Discrimination Act closes that gap. It restores the original legal standard, aligning age discrimination claims with all other civil rights protections. At its core, the bill affirms a simple truth: employment decisions should be based on merit—not age.
“I’ve heard directly from workers in our community—people who have given decades of service—suddenly cast aside because of their age,” said Fitzpatrick. “That’s not just wrong—it’s un-American. This bill restores fairness, fixes the law, and makes clear that in our community and across the country, experience will be respected, and discrimination will not be tolerated.”
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 Council on Aging, National Women’s Law Center (NWLC), and USAging.
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