New Legislation On Age Discrimination Law

The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age. The Act’s protections apply to both employees and job applicants. Under the Act, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The Act permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.

It is also unlawful to retaliate against

an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the Act.

Recently, the U.S. Supreme Court changed the standard of proof for workers who sue under the Act. Under the new ruling, an employee must prove that the employer would not have taken a certain action, such as a demotion “but for” the employee’s age. This applies even if there was evidence that age was a factor in the decision.

Legislation has now been introduced in the House and Senate that would override the Court’s interpretation of the Act. Opponents argue that the ruling makes it more difficult to bring age discrimination claims. Under the legislation, an employee would only have to show that an “impermissible factor” such as age “was a motivating factor” in the employer’s action.

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