McEachin Helps Pass Legislation to Protect Older American Workers from Age Discrimination

Press Release

Congressman A. Donald McEachin (VA-04) helped pass the bipartisan, bicameral Protecting Older Workers Against Discrimination Act. The bill aims to increase anti-discrimination protections for older workers and empower them to hold their employers accountable for unfair practices.

The Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. weakened protections against age discrimination. Its ruling mandated that plaintiffs of age discrimination demonstrate age was the sole motivating factor for the employer's action.

"All Americans should be equally protected under the law. Unfortunately, the Supreme Court's 2009 ruling undermined protections against age discrimination," said Rep. McEachin (VA-04). "At a time when Americans are working more and longer than they ever have, we must ensure older workers are protected and provide them with a form of recourse in instances of discrimination. The Protecting Older Works Against Discrimination Act will reduce the burden of proof for age discrimination cases and align it with similar standards for other discrimination claims."

Reports of age discrimination have increased in recent years. According to a 2018 poll conducted by the American Association of Retired Persons, three in five workers over the age of 45 had seen or experienced age discrimination in the workplace. The Equal Employment Opportunity Commission has also seen an increase in complaints of age discrimination. In 2000, there were roughly 16,000 complaints of age discrimination, while in 2017, age discrimination complaints exceeded 20,000.

Read more on H.R. 2062, Protecting Older Workers Against Discrimination Act here.

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