AARP Is Fighting To Ensure Older Workers Get a Fair Shot

Federal and state legislation could curb age discrimination

Nancy LeaMond,

Updated May 20, 2025

AARP

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En español

Published May 16, 2025

/ Updated May 20, 2025

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Today, Americans are working later into life than ever before. In fact, workers ages 75 and older are the fastest-growing age group in the workforce, more than quadrupling in size since 1964.

For some, the decision to stay in the workforce is driven by the desire to stay active and engaged in the later years of life. In some cases, these older workers are turning to gig or independent work. These jobs come with more freedom and flexibility than a traditional full-time position and provide an opportunity to earn additional income.

Others simply are not financially prepared to retire. With advancements in medicine and living standards, someone at age 60 can realistically expect to live at least another 20 years, meaning their retirement savings must last for decades. When you factor in rising costs and the broader retirement crisis in America, it becomes clear that reaching a “traditional retirement” is far more challenging than ever before.

Whether for personal fulfilment, financial reasons, or a combination of both, older adults deserve a level playing field in their ability to compete for, obtain, and retain jobs. Unfortunately, it’s far too common that age discrimination proves to be a pervasive barrier in the workplace.

Valued workforce members

According to AARP research, 90 percent of workers age 50-plus believe that age discrimination against older workers is common in the workplace today. And 64 percent of older workers have seen or experienced age discrimination. These numbers are even higher for Black workers (72 percent) and women age 50-plus (67 percent).

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Age discrimination also has a significant impact on our economy as a whole. One AARP report found that age discrimination costs the United States an additional $850 billion to our GDP. This figure is projected to balloon to a staggering $3.9 trillion in 2050. Age discrimination also prevents us from addressing labor shortages, keeping skilled, qualified, and eager workers sidelined.

Older workers should be valued members of our workforce. They bring years of professional and personal experience and have many of the critical attributes that any employer is looking for, including expertise, leadership, maturity and perspective. Yet negative stereotypes and outdated assumptions mean that these workers and job seekers are often treated unfairly.

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Addressing age discrimination is important to ensuring the financial well-being of older adults, our communities, and the economy. AARP is committed to ensuring that all workers are treated fairly based on their qualifications, not their age.

In the legislative arena, we are urging Congress to pass several commonsense pieces of legislation, sponsored by leaders from both sides of the aisle, to help older workers remain in the workforce for as long as they chose:

The Protecting Older Workers Against Discrimination Act (POWADA) would enhance the ability of older adults to hold employers who discriminate against them for their age accountable. This legislation is needed to rectify a 2009 U.S. Supreme Court decision that created an excessively tough standard of proof for victims of age bias to win in court. On May 20, this bill was reintroduced in the U.S. House by Representatives Bobby Scott (D-Va.) and Glenn Grothman (R-Wis) and in the U.S. Senate by Sens. Charles Grassley (R-Iowa) and Tammy Baldwin (D-Wis.). AARP sent letters to both the House and Senate sponsors endorsing the bill and applauding their bipartisan efforts to restore protections for older workers against age discrimination.

The Protecting Older Job Applicants Act would modify the Age Discrimination in Employment Act to explicitly include older job applicants who are often discriminated against when they are applying for new employment. This year’s bill will include restrictions on asking age-related questions during the hiring process unless it is a bona fide job qualification. It is sponsored by Reps. Sylvia Garcia (D-Texas) and Maria Elvira Salazar (R-Fla).

Removing the Earned Income Tax Credit Age Cap would help workers age 65-plus remain on the job, not only addressing current labor shortages, but also strengthening the financial security of hard-working older Americans. The bill was reintroduced in the U.S. House on April 21 and is sponsored by Reps. Mike Carey (R-Ohio) and Danny K. Davis (D-Ill). AARP endorsed the legislation in a letter to the bill’s sponsors, saying it would “provide meaningful tax relief to older workers who need to stay in the workforce.”

These leaders have introduced good ideas, and now it’s time for the full Congress to show the urgency needed to address this challenge.

State progress ahead

While we’ve seen very little progress at the federal level, individual states have made strides, stepping ahead of their federal counterparts to lead the quest for commonsense solutions.

Colorado has enacted the Job Application Fairness Act, which prohibits employers from asking about a job applicant’s age, date of birth, or education-related dates on initial employment applications. This law provides Colorado job seekers with stronger protections than those offered under federal law.

Connecticut passed a “ban the box” bill prohibiting employers (with at least 3 employees) from asking about the age of prospective employees.

Oregon recently passed a bill in the state’s House prohibiting employers from asking age-related questions during the hiring process unless it is a bona fide job qualification. This is an encouraging step, as the bill will move to the Senate for a vote.

These are great examples of what can be achieved when there is a collective focus on addressing a challenge. We are calling on Washington to do more, matching the urgency shown by those in the states.

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At the same time, we know solutions come from places outside of Congress and state houses. That’s why we’ve also been working with the business community and directly providing workers with the tools and resources to remain competitive in today’s workforce.

In 2012, we launched the Employer Pledge Program to provide employers with a way to publicly showcase their commitment to experienced workers and age diversity. Since its inception, the program has continued to grow, with over 2,500 active pledge signers. Among many things, employers that sign the pledge gain access to action plans for building an age-inclusive workforce and access to financial security and caregiving resources for employees. We also offer trainings for employers on age-inclusive hiring, helping them analyze their current practices to see how they might improve their hiring process.

Put simply, Americans deserve the option to remain in the workforce for as long as they choose. They provide immense value to employers and should be treated as such.

This is a national concern, and AARP will continue our fight in Congress and partnerships with the private sector to help tear down the barrier of age discrimination.

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