Young, Scott Introduce Bipartisan Bill to Protect America's Older Workers

Statement

Today, Iowa Congressman David Young and Congressman Bobby Scott (D-VA), the Ranking Member of the U.S. House Committee on Education and the Workforce, introduced bipartisan legislation to strengthen anti-discrimination protections for older workers discriminated against in the workplace. The Protecting Older Workers against Discrimination Act is a companion to the Senate bill of the same name.

"This bipartisan legislation protects our hardworking senior workers from age discrimination, strengthens job security for American families, and holds bad actors accountable for shady hiring and business practices," Congressman Young said. "No one in the workplace should face discrimination, and if instances occur, we must take steps to address them. I'm pleased to work with Ranking Member Scott on this important issue."

"Discrimination shuts too many people out of good paying jobs," said Ranking Member Scott. "Members of Congress must do our part to ensure that every American has a level playing field and that workers go to their jobs every day knowing that they are free from discrimination. I am happy to have Rep. Young join with me in the bipartisan, bicameral effort to protect older workers."

Today, Americans are working more and longer than they ever have. When older workers lose their jobs, they are far more likely than other workers to join the ranks of the long-term unemployed. Despite older workers' clear need for strong workplace protections from discrimination, the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc., a case involving an Iowan from the Third Congressional District, weakened federal protections against age discrimination by requiring that plaintiffs seeking to prove age discrimination in employment demonstrate that age was the sole motivating factor for the employer's adverse action. The Gross standard is inconsistent with the mixed-motive standard of proof that Congress reaffirmed in the Civil Rights Act of 1991. The Protecting Older Workers against Discrimination Act simply returns to the pre-2009 evidentiary threshold applied in discrimination claims - to ensure that all victims of discrimination, including older workers, can have their claims adjudicated fairly.

"Too many older Americans trying to get or keep their jobs continue to face the significant barrier of age discrimination," said Joyce A. Rogers, AARP Senior Vice President for Government Affairs. "AARP strongly supports this bipartisan legislation and looks forward to continuing our work with Congress to protect the rights of older workers and others affected by job discrimination."

"We applaud Representatives Scott and Young for introducing this crucial bipartisan legislation to restore meaningful civil rights protections for older workers, people with disabilities, and workers facing retaliation from their employers," said Lisa Bornstein, Legal Director and Senior Legal Advisor for The Leadership Conference on Civil and Human Rights. "We need this legislation to stop the backsliding of workers' rights and to ensure that all have access to the full protections of the law. This bill will restore vital discrimination protections and ensure that all victims of discrimination and retaliation in this country are able to vindicate their rights."

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