Source: United States Senator for Massachusetts Ed Markey

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Washington (July 24, 2025) – Senator Edward J. Markey (D-Mass.) and Representative Lateefah Simon (CA-12) today announced the reintroduction of the Disability and Age in Jury Service Nondiscrimination Act, legislation that would prohibit discrimination in federal jury service based on disability or age. Federal law currently prohibits excluding a person from federal jury service on account of “race, color, religion, sex, national origin, or economic status,” but not on account of disability or age.

The Disability and Age in Jury Service Nondiscrimination Act would add protections to federal law for age and disability to prevent the discriminatory exclusion of capable jurors. This legislation would ensure that disabled jurors who are at least 18 years of age and are able to perform their duties with reasonable accommodations—including deaf and blind individuals who may use sign language or braille—would not be disqualified on the basis of disability. Twenty-eight states, including Massachusetts and California, have enacted laws that prohibit the exclusion or disqualification of people with a disability from state jury service. Meanwhile, eleven states have laws that prohibit age-based discrimination for state jury service.

“Every American adult deserves the chance to fulfill their sacred civic duty and serve on a jury, no matter their age or disability,” said Senator Markey. “Our legislation creates equal opportunity for jury service and ensures that federal juries across the nation fully represent the diversity of our communities. Discrimination in jury selection stands in the way of achieving justice and fairness in our legal system. I am proud to lead this bill with Representatives Simon and continue to protect the rights of seniors and Americans with disabilities.”

“The discrimination, exclusion, and disqualification of disabled and elderly jurors from our federal courts based on outdated stereotypes and assumptions prevents our judicial system from embodying the ideals of justice and equality for all.” said Representative Simon. “As the first congenitally blind Member of Congress, I believe we must bring the voices of the disability community to the policy-making table and that our stories must be reflected in our policies. I thank Senator Markey for his partnership on our legislation that would ensure equal access and opportunity to participate our judicial system for all members of our community regardless of their ability or age.”

The bill is cosponsored in the Senate by Senators Tammy Duckworth (D-Ill.), Richard Durbin (D-Ill.), John Fetterman (D-Penn.), Amy Klobuchar (D-Minn.), Alex Padilla (D-Calif.), Elizabeth Warren (D-Mass.), Richard Blumenthal (D-Conn.), Adam Schiff (D-Calif.), Peter Welch (D-Vt.), Ron Wyden (D-Ore.), and Bernie Sanders (I-Vt.), and in the House of Representatives by Nikema Williams (GA-05), Salud Carbajal (CA-24), Eleanor Holmes Norton (D-D.C.), Henry C. “Hank” Johnson (GA-04), Rashida Tlaib (MI-12), Robin L. Kelly (IL-02), Mary Gay Scanlon (PA-05), Emanuel Cleaver, II (MO-05), Dave Min (CA-47), Jared Huffman (CA-02), and Summer Lee (PA-12).

The Disability and Age in Jury Service Nondiscrimination Act is endorsed by American Association for Justice, American Association of People with Disabilities, American Bar Association, American Council of the Blind, American Foundation for the Blind, American Geriatrics Society, Bay State Council of the Blind, Bazelon Center for Mental Health Law, Disability Rights California, Disability Rights Education & Defense Fund (DREDF), Epilepsy Foundation, Gerontological Society of America, Hearing Loss Association of America, Justice in Aging, National Association of Councils on Developmental Disabilities (NACDD), National Association of Criminal Defense Lawyers, National Association of the Deaf, National Council on Independent Living, National Disabilities Rights Network, National Federation of the Blind, National Organization on Disability, Paralyzed Veterans of America, SOLVE ME/CFS, the Arc of the United States, United Spinal Association, and VisionServe Alliance.

“No American should be denied the right to serve on a federal jury because of their age or physical disability, and it’s a cornerstone of democracy that juries be reflective of the communities in which they serve,” said Linda Lipsen, CEO of the American Association for Justice. “AAJ strongly supports the Disability and Age in Jury Service Nondiscrimination Act, and we thank Senator Markey and Congresswoman Simon for their leadership on this important issue.”

“Trial by jury is a cornerstone of our legal system, and diverse and representative juries are essential to fair deliberations and just outcomes. Diverse juries, with representation from all groups, not only promote community confidence in verdicts, but actually lead to better decision making. Jury service should be accessible to all members of our communities. NACDL is proud to support legislation that helps move us closer to that goal,” said Andrew S. Birrell, President of the National Association of Criminal Defense Lawyers.

“A true jury of one’s peers must reflect the full diversity of our communities,” said Claire Stanley, Director of Advocacy and Governmental Affairs for the American Council of the Blind. “People who are blind or have low vision cannot be left out of the judicial process. They deserve the same opportunity and share the same responsibility to serve on a jury of their peers.”

“AFB applauds the reintroduction of this important bill that ensures that people who are blind or have low vision are allowed to carry out their civic duty to serve on juries alongside their peers. Recognizing that most people become blind later in life, we appreciate that this bill prohibits age-related discrimination as well as disability discrimination, and we look forward to a time when all people are able to participate fully in the judicial system without prejudice,” said Stephanie Enyart, Chief Public Policy and Research Officer at American Foundation for the Blind.

“Many Deaf and hard of hearing people have participated in jury duty. This bill will ensure consistency across the nation, ensuring that those individuals are not excluded from performing their civil obligations,” said Interim CEO Dr. Bobbie Beth Scoggins of the National Association of the Deaf.

“People with disabilities have served successfully as jurors in state courts for many years, thanks to the Americans with Disabilities Act and other laws. It is long past time for our federal jury system to catch up and end discrimination that prevents people with disabilities from serving as federal jurors,” said Jennifer Mathis, deputy director of the Bazelon Center for Mental Health Law.

“The right to serve on a jury is a fundamental component of civic engagement and equal justice under law. Yet far too often, people with disabilities are excluded from jury service based on outdated assumptions and discriminatory practices. We commend Senator Markey and Representative Simon for introducing this critical legislation, which affirms that disability and age should never be barriers to full participation in our democracy,” said Eric Buehlmann, Deputy Executive Director for Public Policy, National Disability Rights Network (NDRN).

“Jury service is a fundamental part of free and equal citizenship. This bill ensures that people with disabilities are not denied the right to serve on a jury because of outdated assumptions about what we can or cannot do. The disability community looks forward to bringing its wealth of experiences and perspectives to federal juries across the country,” said Eric Harris, Associate Executive Director of External Affairs at Disability Rights California.

In July 2023, Senator Markey and then-Representative Anna Eshoo (CA-16) reintroduced the Communications, Video, and Technology Accessibility Act (CVTA) to amend the CVAA due to the proliferation of emerging technologies since 2010. The CVTA would strengthen standards for television programming and emergency communication; expand accessibility requirements, including closed captions and audio descriptions, to online platforms and video conferencing services; and equip the federal government with the ability to improve the accessibility of emerging technologies. In 2022, Senator Markey and then-Representative Katie Porter (CA-45) introduced the Disabled Jurors Nondiscrimination Act, legislation that prohibits excluding a person from federal jury service on account of disability.