Lawmakers aim to overturn Supreme Court age bias ruling
Posted on 08 October 2009
By Mark Miller
Permanent URL of this article: http://retirementrevised.com/career/lawmakers-aim-to-overturn-supreme-court-age-bias-ruling
Three powerful Democratic lawmakers proposed legislation that would override a recent Supreme Court ruling that made it harder for workers to prove age discrimination. The Protecting Older Workers Against Discrimination Act responds to a ruling that put the burden of proving discrimination on employees; previously, if employees could prove age was a factor in an employment decision, the employer had to show that it had a valid reason other than discrimination.
Age bias is widely acknowledged to be a key factor in job loss and hiring practices, and the problem is becoming more acute due to the steep recession. In 2008, layoff-related age discrimination claims filed with the Equal Employment Opportunity Commission were at a record high, and they were up 29 percent compared with 2007.
The bill was proposed by the chairmen of three key Congressional committees: Sen. Tom Harkin (D-Iowa), chairman of the Senate Health, Education, Labor and Pensions Committee; Sen. Patrick J. Leahy (D-Vermont), chairman of the Senate Judiciary Committee; and Rep. George Miller (D-California), chairman of the House Education and Labor Committee.
AARP already has endorsed the legislation.
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