Senator Gillibrand Introduces Bipartisan Legislation To Allow Victims Of Age Discrimination To Seek Justice And Accountability

Senator Gillibrand Introduces Bipartisan Legislation To Allow Victims Of Age Discrimination To Seek Justice And Accountability

Sep 12, 2025

According to a 2024 AARP survey, 64% of older workers have either seen or experienced age discrimination in the workplace

Today, U.S. Senator Kirsten Gillibrand (D-NY), alongside Senate Judiciary Committee member Lindsey Graham (R-SC), Senate Judiciary Committee Chairman Chuck Grassley (R-IA), and Senate Judiciary Committee Ranking Member Dick Durbin (D-IL) introduced the bipartisan Protecting Older Americans Act, which would invalidate forced arbitration clauses that prevent age discrimination victims from seeking justice and public accountability.

"Age discrimination is a huge problem for older workers, and they deserve the ability to hold perpetrators accountable in open court," said Senator Gillibrand. "Forced arbitration is a secretive and unfair process that strips hard-working Americans of their constitutional right to a jury trial and makes it more difficult for victims of age discrimination to get justice. The bipartisan Protecting Older Americans Act would enable victims to have their day in court if they so choose, giving them an important avenue to defend themselves against illegal conduct. I am proud to introduce this bipartisan bill with my colleagues, and I am optimistic that we can pass this critical reform in Congress."

"Americans who suffer age discrimination at work should have a choice whether to participate in arbitration or have their day in court. This bill will guarantee these options," Senator Grassley said.

"The Protecting Older Americans Act aims to void pre-dispute arbitration clauses for disputes involving age discrimination. Older Americans should not be forced to litigate their claims in arbitration forums that are stacked in favor of their employers," said Senator Durbin. "No American, especially an elderly victim of discrimination, should ever be denied their day in court."

Forced arbitration, or pre-dispute arbitration, occurs when a company requires an employee to submit any potential dispute to binding arbitration as a condition of employment. As a result, employees waive their right to sue in court, stripping them of a primary avenue for pursuing justice against age discrimination.

Representative Mike Lawler (R-NY-17) introduced companion legislation in the U.S. House of Representatives. The bill is endorsed by AARP, Lift Our Voices, National Employment Law Project, American Association for Justice, Public Investors Advocate Bar Association, and Public Citizen.

"In New York and across the country, too many older workers face discrimination on the job and are told they have no real way to fight back. That's wrong," said Congressman Mike Lawler (NY-17). "No one should have to give up their right to stand up for themselves just to put food on the table. The Protecting Older Americans Act will help ensure older workers, including many here in the Hudson Valley, have a fair shot to hold employers accountable and are treated with the respect they deserve."

"No worker should be forced into arbitration because of their age. This bipartisan legislation is a critical step toward ensuring older Americans have the same workplace protections we fought to secure for survivors of sexual harassment and assault," said Gretchen Carlson, Co-Founder of Lift Our Voices. "Lift Our Voices is grateful to Senator Gillibrand for her leadership in championing the Protecting Older Americans Act and for working with colleagues across the aisle to confront age discrimination in the workplace. We are calling on all elected leaders to swiftly pass the POAA and restore fairness and choice for millions of workers."

"AARP, which advocates for the more than 100 million Americans aged 50 and over, is pleased to support the Protecting Older Americans Act of 2025, legislation that prohibits hard-working Americans from being forced into arbitration to settle age discrimination claims in the workplace," said AARP Senior Vice President Bill Sweeney. "We greatly appreciate your bipartisan leadership in introducing this legislation to protect the legal rights of older Americans."

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