REP. DANNY K. DAVIS STANDS WITH OLDER WORKERS TO FIGHT AGAINST AGE DISCRIMINATION
REP. DANNY K. DAVIS STANDS WITH OLDER WORKERS TO FIGHT AGAINST AGE DISCRIMINATION
“This is the 21st Century -- Discrimination for any reason at any time is unacceptable.”
Today, Rep. Davis urged the U. S. Senate to schedule a vote for H.R. 2062, the Protecting Older Workers Against Discrimination Act, which restores critical, well-established workplace protections for older Americans that were weakened in 2009 by the Supreme Court. With this important legislation, Congress stands up for older workers facing age discrimination and empowers them to hold their employers accountable for unfair practices. H.R. 2062 was passed in the House of Representatives. Davis thanked his colleague, Rep. Bobby Scott, for introducing the legislation.
“As we Build Back Better, older Americans are an increasingly important part of our workforce,” said Rep. Davis. “We need to make sure that our older workers are treated fairly in the workplace. So we’re making it clear to our older workers that we have their backs by passing this vital bill. Now, they will be armed with the tools they need to fight back against age discrimination, continue to earn a paycheck and contribute to our economy.”
Before the Supreme Court’s ruling in Gross v. FBL Financial Services Inc., older workers alleging age discrimination in the workplace had to prove that age was simply one of the motivating factors behind the discrimination. This is the same burden of proof faced by those alleging discrimination on the basis of race, sex, national origin or religion.
However, in 2009, the Court upended decades of legal precedent by imposing a much higher burden of proof for older workers, requiring them to prove that age was the decisive and determinative cause of the discrimination. This bill would restore the standard for older workers back to the pre-2009 level – the same burden of proof required of all other workers alleging employment discrimination – and make it easier for older workers discriminated against to seek recourse in court.
Stronger protections against age discrimination will not only protect older workers, but they will also grow the workforce and strengthen the economy. A 2018 AARP survey found that three in five workers age 45 and older had seen or experienced discrimination in the workplace. Moreover, a study produced by AARP and Economist Intelligence Unit found that the United States missed out on a potential $850 billion in GDP in 2018 because older workers were denied opportunities to remain in or re-enter the labor force, switch jobs or be promoted within their organization.
“More than a decade ago, the Supreme Court gutted essential workplace protections for older workers and weakened their defenses against age discrimination,” Rep. Davis continued. “This is the 21st century, discrimination for any reason at anytime is unacceptable.”
In the 116th Congress, the House passed a nearly identical bill with a strong bipartisan vote.
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