Protecting Older Workers Against Discrimination Act
Summary
The Protecting Older Workers Against Discrimination Act (H.R. 3721) aims to make it easier for employees to prove age discrimination in the workplace. It would lower the "burden of proof" for workers by allowing them to win a case if they can show that age was a "motivating factor" in an employer's decision, even if other legal reasons also played a role.
For everyday citizens, this bill would restore legal protections that were narrowed by a 2009 Supreme Court decision, which currently requires workers to prove that age was the primary or "but-for" cause of an adverse action like a firing or demotion. By aligning the standards for age discrimination with those for race and gender discrimination, the bill would provide older workers with more consistent and accessible paths to seek relief in court.
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