Collins, Grassley lead legislation to shield older workers from age discrimination

The rights of older workers to take legal action in response to age-related discrimination would be restored under a bill introduced by U.S. Sens. Susan Collins (R-ME) and Chuck Grassley (R-IA) that garnered bipartisan support.

The Protecting Older Workers Against Discrimination Act (POWADA) would also reaffirm the rights of workers to use any form of admissible evidence to prove age discrimination claims in court.

“Older employees bring a wealth of knowledge and expertise to the workplace, and we should do all we can to ensure that these employees are able to participate fully in the workforce,” Collins, the chairman of the Senate Aging Committee, said.

“I have advocated for many measures that would help end workplace discrimination, and as the chairman of the Senate Aging Committee, it is a high priority of mine to ensure that seniors have the ability to do their jobs without facing age-related bias,” Collins added.

In 2009, the U.S. Supreme Court ruled that age discrimination claims must prove that age was not merely a motivating factor — but the sole factor leading to adverse employment decisions.

Collins, Grassley and U.S. Sens. Bob Casey (D-PA) and Patrick Leahy (D-VT) introduced POWADA to restore legal standards for age discrimination claims that were in place before the court’s 2009 decision.

“Since the Great Recession, too many Americans in their 50s and 60s have had difficulty receiving a fair shot in the workforce,” Casey said. “These are the Americans that have fought our wars and raised the nation’s children and they should not face age discrimination in the job market.”

The Age Discrimination in Employment Act, now 50 years old, marked an important step in protecting older workers, but discrimination on the basis of age is still viewed as a major problem. Almost two in three workers ages 45-74 reported experiencing age discrimination in the workplace, according to an AARP study from 2013.