Protecting Older Workers Against Discrimination Act

Floor Speech

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Mr. DeSAULNIER. Mr. Chair, the American workforce is getting older and working longer than ever before. In fact, by 2024, the Bureau of Labor Statistics estimated that 25 percent of the U.S. workforce will be composed of workers over the age of 55, and a third of those workers will be older than 65.

At the same time, complaints of age discrimination are on the rise. According to enforcement statistics, the EEOC received over 20,000 complaints of age discrimination in 2017, accounting for 23 percent of all discrimination charges filed that year. That is a jump of 4,000 charges of age discrimination since the year 2000 and is likely a severe underestimate, as cases of age discrimination often go unreported.

More so, a 2018 study published by the AARP found that more than 60 percent of workers age 45 and older have seen or experienced age discrimination, and 76 percent say that they consider age discrimination to be a major obstacle to finding a new job.

The Protecting Older Workers Against Discrimination Act would help address this problem by making the burden of proof for age discrimination claims more equitable and more in line with other forms of discrimination.

This has important implications for older workers. Fewer cases could be thrown out or settled before trial, meaning long overdue justice for older Americans. It would also have important implications for the EEOC, ushering in a significant increase to the number of age discrimination claims and, therefore, EEOC's workload.

My amendment goes one step further and ensures that Congress has a full picture of the scope of age discrimination in the American workforce and a better understanding of existing gaps in the EEOC's ability to address and prevent workplace age discrimination. This would allow Congress to better support the EEOC in its work, meaningfully address age discrimination in the American workforce, and empower millions of older Americans.

I would like to thank my colleague, Congressman Davis, for his bipartisan partnership, and I urge support for this amendment.

Ms. FOXX of North Carolina. Mr. Chair, I rise in opposition to the amendment.

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Mr. DeSAULNIER. Mr. Chairman, I yield 2 minutes to the gentleman from Illinois (Mr. Rodney Davis), my friend.

Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I thank my good friend Mr. DeSaulnier from California for yielding. I also thank my good friend Ms. Foxx, the ranking member of the Education and Labor Committee and also Chairman Scott for your work on this.

I rise in support of Mr. DeSaulnier's amendment of which I am a cosponsor. This amendment will require the GAO to report on the Equal Employment Opportunity Commission's ability to meet the demands of its workload in terms of the number of cases they receive.

If this important bill is enacted, the EEOC will inevitably be required to review an increasing number of mixed-motive age discrimination claims, which are worthy of review. This amendment is important because to adequately address workplace discrimination that relates to age or any other factor, we must have the resources to address and correct the problem.

Mr. Chairman, I encourage my colleagues to vote ``yes'' on this amendment.

Ms. FOXX of North Carolina. Mr. Chairman, I simply will say again that I think we should vote ``no'' on this amendment. I think it is redundant and unnecessary.

Mr. Chairman, I yield back the balance of my time.

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Mr. DeSAULNIER. Mr. Chairman, I appreciate the comments by the ranking member, and I hope we will continue our respect and friendship even though we are in disagreement on this.

I urge support of this amendment, and I yield back the balance of my time.

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