US House members propose lower bar to prove workplace age bias claims

Dec 4 (Reuters) – A bipartisan group of U.S. lawmakers reintroduced a bill on Monday that would make it easier for older workers to prevail in age discrimination lawsuits.
Three Democrats and three Republicans in the U.S. House of Representatives said the bill would address a shortcoming in federal law that imposes a higher bar in age bias cases than in lawsuits alleging other types of discrimination.
In the 2009 case Gross v. FBL Financial Services Inc, the U.S. Supreme Court said plaintiffs suing for violations of the federal Age Discrimination in Employment Act (ADEA) must prove that their age was the primary motivating factor in an employment decision. The ADEA prohibits discrimination against workers 40 and older.
That makes age bias cases more difficult to win than lawsuits alleging discrimination based on traits such as race, sex and disability. In those cases, plaintiffs can prevail even when employers’ decisions are motivated in part by legitimate factors.
The lawmakers behind the new bill said that Congress in adopting the ADEA did not mean to impose a higher standard for age bias claims, and that the Supreme Court ruling had potentially exacerbated widespread age bias.
The bill “will ensure that older workers will be fairly treated in the job market, returning the legal standard for proving discrimination back to its original intent,” Rep. Alma Adams, a Democrat from North Carolina, said in a statement.
The bill is sponsored by Adams and Democratic Reps. Bobby Scott of Virginia and Suzanne Bonamici of Oregon. The Republican sponsors are Reps. Brian Fitzpatrick of Pennsylvania, Glenn Grothman of Wisconsin and Jeff Van Drew of New Jersey.
The House passed the bill, known as the Protecting Older Workers Against Discrimination Act (POWADA), in 2020 but it did not come up for a vote in the Senate. Sens. Chuck Grassley, a Republican from Iowa, and Democrat Bob Casey of Pennsylvania introduced the bill in the Senate in March.
In a 2022 survey by AARP, a lobbying group for older Americans, 20% of people 50 and older reported experiencing workplace age discrimination. The group estimated that in 2018, the United States lost out on $850 billion in economic activity due to bias against older workers.
Reporting by Daniel Wiessner
Our Standards: The Thomson Reuters Trust Principles.
Thomson Reuters
Dan Wiessner (@danwiessner) reports on labor and employment and immigration law, including litigation and policy making. He can be reached at [email protected].