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Lawmakers aim to overturn Supreme Court age bias ruling

Posted on 08 October 2009

By Mark Miller

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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.

More RetirementRevised coverage of age discrimination is here.

Related posts:

  1. Supreme Court rules in favor of older workers
  2. Proving workplace age bias isn’t easy, but the case is strong
  3. The Supreme Court and healthcare reform: What’s at stake
  4. Top ten ways to beat age bias in a job interview
  5. IRS ruling gives retirement investors a second chance on 2009 minimum distributions

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