S. 1820: Protecting Older Workers Against Discrimination Act

This bill, titled the Protecting Older Workers Against Discrimination Act, aims to amend existing laws to strengthen protections against age discrimination in employment. Here are the key aspects of what the bill would accomplish:

Clarification of Prohibitions

The bill seeks to clarify that under the Age Discrimination in Employment Act of 1967 (ADEA), age cannot be considered in a negative way during any employment practices. Specifically, the bill establishes that if age is a motivating factor for an employment decision, that constitutes discrimination, even if other factors also played a role. This means that employees can argue their cases more effectively by showing that age was one part of a decision-making process without needing to prove it was the only factor.

Standards of Evidence

In cases of discrimination claims, the bill allows complainants to use various forms of evidence to support their claims. A complainant is not required to prove that age was the sole reason for the employment practice to establish wrongdoing, which lowers the burden of proof compared to existing standards.

Remedies for Discrimination

The bill modifies the remedies available to individuals who demonstrate that age was a factor in discriminatory practices. It specifies that:

• Declaratory and injunctive relief may be granted, meaning that courts can declare an action unlawful and order changes to prevent future discrimination.
• While attorney’s fees and costs may be awarded, damages that result in monetary compensation or employment-related remedies (like hiring or reinstatement) cannot be mandated if an employer can prove they would have made the same decision regardless of age.

Applicability to Federal Employees

The amendments apply similarly to federal workers under the ADEA, incorporating the same clarifications and standards for proving discrimination claims.

Updates to Other Civil Rights Laws

The bill extends similar protections and clarifications to other major civil rights laws, including:

• The Civil Rights Act of 1964: It includes provisions to ensure that factors such as race, color, religion, sex, and national origin cannot be used unlawfully in employment decisions.
• The Americans with Disabilities Act (ADA): It clarifies how disability discrimination claims may be established, adopting similar standards as those for age discrimination claims.
• The Rehabilitation Act of 1973: The bill incorporates the same causation and proof standards for individuals claiming disability discrimination as are applied under the ADA.

Effective Date

The provisions of the bill would apply to all claims pending on or after its enactment, meaning that it would have immediate effect on current and future discrimination cases.

Severability Clause

The bill includes a severability clause that ensures if any part of the Act is found to be unconstitutional, the remainder of the Act would still remain in effect.

Relevant Companies

• None found