Bipartisan legislation (S. 485) introduced in the US Senate would restore protections under the Age Discrimination in Employment Act and make it easier for employees to prove when they are a victim of age discrimination in the workplace.
The Protecting Older Workers Against Discrimination Act would also reverse a 2009 US Supreme Court decision that held that workers who face age discrimination have to meet a higher burden of proof than workers who face discrimination based on other characteristics, such as race, sex, national origin or religion (Gross v. FBL Fin. Servs.). The ruling required workers to prove that age discrimination was the deciding factor, not just a factor, in an adverse employment decision. The legislation would restore the prior “mixed motive” standard.
- Protecting Older Workers Against Discrimination Act, S 485 (US Senate, 14 Feb 2019)
- Press Release (Sen. Grassley’s website, 15 Feb 2019)
- Decision in Gross v. FBL Fin.Servs. (US Supreme Court, 18 Jun 2009)