Ranking Member Scott Joins Bipartisan Push to Protect Older Job Applicants

Ranking Member Scott Joins Bipartisan Push to Protect Older Job Applicants

Bill closes loophole that blocks older job seekers from challenging age discrimination

WASHINGTON - Today, Ranking Member Robert C. "Bobby" Scott (VA-03), House Committee on Education and Workforce, introduced the bipartisan Protect Older Job Applicants Act, which would restore critical protections for older Americans facing age discrimination in hiring. Introduction of this bill comes at the beginning of National Employ Older Workers Week, which begins on September 22, highlighting the need to strengthen protections and opportunities for older Americans in the workforce.

Ranking Member Scott is introducing the bill alongside Reps. Sylvia Garcia (D-TX-29), Maria Salazar (R-FL-27), and Jay Obernolte (R-CA-23).

"While Americans are often expected to work later in life, many older workers find their experience can count against them when applying for new jobs. Unfortunately, recent court decisions have excluded older job applicants from challenging hiring practices that appear neutral, but, in fact, result in a disproportionate, harmful impact on older workers," said Ranking Member Scott. "The Protect Older Job Applicants Act will help ensure that all older workers-regardless of whether they are looking for a job or already have one-are equally protected against age discrimination under the law."

"Right now, when we should be growing our workforce, too many older workers are not being considered for jobs, not because they can't do the job, but because of their age," said Congresswoman Sylvia Garcia. "That's wrong. These workers bring years of experience and perspective. They still have so much more to offer, and they deserve a fair chance to contribute. Congress won't let this discrimination go unchecked. I'm proud to lead this bipartisan bill to let our seniors know we have their back."

"Seniors are a crucial part of Miami's identity, economy, and culture. We must ensure that they can continue to compete and succeed in the modern job market," said Congresswoman Maria Salazar. "It is an honor to co-lead the Protect Older Job Applicants Act to ensure seniors are not discriminated against during the hiring process. All people deserve the right to pursue dignity through work, regardless of their age."

"Our employment laws should reflect the principle that opportunity is based on merit, not age. By extending the Age Discrimination in Employment Act to explicitly protect job applicants, this legislation closes a serious gap in the law and ensures that hiring practices live up to the values of fairness and equal opportunity," said Rep. Jay Obernolte. "This is a commonsense reform that strengthens our workforce by making sure applicants are judged on their qualifications and potential contributions, not on arbitrary factors like their age."

Why This Bill Is Needed

The need for stronger legal protections has never been more urgent. New research from the American Association of Retired Persons (AARP) shows that nearly one in four Americans over 50 plan to change jobs in 2025 - a 10 percent jump from the year prior, representing roughly 9 million older workers actively seeking new opportunities.

That number is even higher among older Black and Hispanic/Latino workers, where two in five plan career moves next year. Their reasons are clear: economic necessity. Forty percent cite higher wages as their top motivation, while others are seeking better retirement benefits or more flexible work arrangements.

But age discrimination is slamming the door on these opportunities. Nearly three-quarters (74 percent) of older Americans say their age could keep them from being hired. Two-thirds have seen or experienced age discrimination firsthand, and 90 percent believe it's common in the workplace.

These costs place enormous weight on the economy at large: a 2020 study by AARP and the Economist Intelligence Unit estimated that age discrimination costs the U.S. economy $850 billion every year - all while federal protections against it have been on the books for nearly 60 years.

The Age Discrimination in Employment Act (ADEA) of 1967 was designed to protect all Americans 40 and older from workplace discrimination - whether they're current employees or job seekers. However, two federal court rulings - Villarreal v. R.J. Reynolds Tobacco Company (U.S. Court of Appeals for the Eleventh Circuit, 2016) and Kleber v. CareFusion Corporation (U.S. Court of Appeals for the Seventh Circuit, 2019) - created a legal loophole that undermines these protections for older Americans seeking jobs.

These decisions prevented job applicants from filing "disparate impact" claims, a critical legal tool that allows people to challenge employment practices that disproportionately harm those 40 and older, even when no intentional discrimination is proven. While people currently employed retain this protection, older Americans seeking jobs do not.

Without the ADEA disparate impact provision, millions of older job-seeking workers are defenseless against covert and invidious age discrimination in hiring practices.

The Economic Value of Older Workers

Today, roughly 38 million older adults are working - more than two and a half times the number working 40 years ago. Workers ages 75 and older represent the fastest-growing workforce segment, more than quadrupling since 1964, according to the Pew Research Center.

Businesses that exclude older workers are discarding long-lasting talent. Workers ages 55-64 stay in jobs an average of 9.6 years - more than three times longer than workers 25-34, who average just 2.7 years, according to Bureau of Labor Statistics data from January 2024. This stability is particularly valuable to businesses in high-turnover industries like retail and restaurants, where entire workforces can change within a year. Research shows older employees bring irreplaceable experience and institutional knowledge that can take decades to develop. In specialized fields like skilled manufacturing and crafts, workers need a decade or more to master their trade.

Business owners consistently report that older workers serve as critical trainers for younger staff, provide consistency that customers value, and retain professional networks built over decades that would otherwise be lost.

What the Protect Older Job Applicants Act Does

The Protect Older Job Applicants Act closes the hiring discrimination loophole by ensuring that ADEA protections apply equally to job seekers and current employees.

The legislation will:

• Clarify legal protections: Explicitly state that ADEA's "disparate impact" protections apply to job applicants as well as current employees, restoring the ability to challenge discriminatory hiring practices.
• Prohibit age-based sorting: Ban employers from limiting, segregating, or classifying job applicants based on age, preventing systematic exclusion of older workers.
• Require government oversight: Direct the Equal Employment Opportunity Commission (EEOC) to study and report on age discrimination claims filed by job applicants, providing data to guide future policy decisions.
• Restore legal equity: Ensure older workers who prove discrimination face the same legal standards as workers pursuing justice under other federal anti-discrimination laws.

By closing these critical gaps in legal protection, the Protect Older Job Applicants Act ensures that Americans who built their careers serving our economy aren't abandoned when they need employment protection most.

The bill is endorsed by AARP, the National Hispanic Council on Aging, and the National Council on Aging.

The bill was previously introduced in the 117th and 118th Congresses. It passed the House of Representatives in the 117th Congress.

Original Cosponsors include: Reps. Adriano Espaillat (D-NY-13), André Carson (D-IN-07), Rashida Tlaib (D-MI-12), Eleanor Holmes Norton (D-D.C.-AL), John B. Larson (D-CT-01), Suzanne Bonamici (D-OR-01), Lois Frankel (D-FL-22), Danny K. Davis (D-IL-07), Jesus "Chuy" Garcia (D-IL-04), and Lucy McBath (D-GA-06).

For the bill text of the Protect Older Job Applicants Act, click here.

###

Press Contact

Contact: Democratic Press Office, 202-226-0853