Age Discrimination in the Workplace Bill Advances
Thursday, January 30, 2020
Section: January Associate Newsletter

Earlier this month, the U.S. House of Representatives concluded a multi-year, bipartisan effort to pass a bill that would lower the burden of proof for age discrimination claims against employers. By a vote of 261-155, House lawmakers approved H.R. 1230, the Protecting Older Workers Against Discrimination Act (POWADA).
This legislation would lower the burden of proof required for workplace age or disability discrimination claims, bringing it in line with the burden of proof needed for other workplace discrimination claims, such as those based on race, religion, sex or national origin. This bill would reverse a 2009 Supreme Court ruling that imposed a higher standard of proof for allegations of age discrimination. n4a along with dozens of other national advocacy organizations recently endorsed POWADA.

In the Senate, Aging Committee leaders Chairman Susan Collins (R-ME) and Ranking Member Bob Casey (D-PA) have introduced a companion bill, S. 485, but prospects for Senate action are uncertain at this point.