A pair of bills, H.R. 3721 and S.1756, designed to further protect older workers against discrimination were heard by their respective Senate and House subcommittee earlier this month.
The bills, both names “ Protecting Older Workers Against Discrimination Act,”, aim to amend the Age Discrimination in Employment Act (ADEA) by clarifying the standard of proof needed in age discrimination cases, presently not in an employee's favor. Backers of the bills state that clarifying the standards of proof needed in age discrimination cases would assist workers in age discrimination lawsuits.
The bills are to a degree in response to the U.S. Supreme Court’s decision on an age discrimination case in 2009, when the Supreme Court ruled in Gross v. FBL Financial Services that for employees to win a disparate treatment age discrimination case, they need to prove age bias was the ultimate reason the employer took the adverse employment action (Gross v. FBL Financial Services, 129 S. Ct. 2343 (June 18, 2009)).
As a result, it became harder for employees to prevail in age discrimination lawsuits. Employees needed to prove not only that their age motivated an employer's adverse action but also intentional age discrimination was the only reason for the action.
Under the proposed bills, employees would still have to prove age was the motivating factor, but not that it was the single factor. The bills also specify the kinds of evidence an employee may use in court, along with the types of relief and damages available. (workersxzcompxzkit)
Finally, the language of the bills goes past the ADEA to include “other anti-discrimination and anti-retaliation laws,” which could result in a broader impact if H.R. 3721 or S.1756 are passed.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ ReduceYourWorkersComp.com or 860-553-6604.
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