WASHINGTON – U.S.
Senator Chuck Grassley (R-Iowa) today joined Senator Bob Casey (D-Penn.),
Chairman of the Special Committee on Aging, and Senators Patrick Leahy (D-Vt.)
and Susan Collins (R-Maine) to re-introduce the bipartisan, bicameral
Protecting Older
Workers Against Discrimination Act (POWADA). Enacting POWADA would restore
critical protections in the Age Discrimination in Employment Act (ADEA) and
make it easier for employees to prove when they are a victim of age
discrimination in the workplace. U.S. Representative Bobby Scott (D-VA-03),
Chairman of the Committee on Education and Labor, introduced a companion bill
in the House of Representatives.
In
2009, a U.S. Supreme Court ruling in Gross v. FBL Financial Services
weakened the ADEA by imposing a significantly higher burden of proof on workers
alleging age discrimination than is required of workers alleging other forms of
workplace discrimination. As a result, workers that allege age discrimination
must meet an undue legal burden not faced by workers alleging discrimination
based on race, sex, national origin or religion.
“Older
Americans contribute greatly to our society and economy. They deserve the same
protections as every other American,” Grassley said. “The Supreme Court
case involving Iowan Jack Gross affected employment discrimination litigation
across the country. It’s long past time we clarify the intent of Congress to
make sure people like Mr. Gross don’t face discrimination due to age.”
“As
more Americans are remaining in the workforce longer, we must recognize and
address the challenges that aging workers face. We must make it clear to employers
that age discrimination is unacceptable, and we must strengthen
antidiscrimination protections that are being eroded,” Casey said.
“POWADA would level the playing field for older workers and ensure they are
able to fight back against age discrimination in the workplace.”
“No
American should face discrimination in the workplace, whether based on age,
sex, race, religion, national origin, disability, or otherwise. And our laws
must not tolerate any amount of discrimination. No matter whether it is a
determinative or contributing factor in an employment decision, discrimination
is wrong and should be treated that way,” Leahy said. “I am proud to
once again cosponsor legislation that reinforces these fundamental rights for
our nation’s seniors.”
“Older
employees bring a wealth of knowledge and expertise to the workplace.
Individuals who are willing and able to remain in the workforce longer can also
improve their retirement security for their golden years. We should do
all we can to ensure that these employees are not faced with age-related bias
while doing their jobs,” Collins said. “I encourage our colleagues
to support this bipartisan legislation, which would help to end workplace
discrimination for seniors throughout the country.”
“Everyone—regardless
of their age—should be able to go to work every day knowing that they are
protected from discrimination. Unfortunately, age discrimination in the
workplace is depriving older workers of opportunities and exposing them to
long-term unemployment and severe financial hardship,” Scott said. “More than a decade ago, the Supreme Court
undermined protections for older workers by setting an unreasonable burden of
proof for age discrimination claims. The Protecting Older Workers Against
Discrimination Act is a bipartisan bill that would finally restore the legal
rights of older workers by ensuring that the burdens of proof in age
discrimination claims are treated in the same manner as other discrimination
claims.”
“The
introduction of this bill is a crucial step to strengthening the law and restoring
fairness for older workers who experience age discrimination,” said Nancy
LeaMond, AARP Executive Vice President and Chief Advocacy & Engagement
Officer. “It sends a clear message that discrimination in the workplace –
against older workers or others – is never acceptable."
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