Katko-Backed Bill To Protect Older Americans Against Workplace Discrimination Passes The House

WASHINGTON, D.C. – U.S. Rep. John Katko (NY-24) last night voted to pass the Protecting Older Workers Against Discrimination Act (POWADA).

Katko joined U.S. Rep. Bobby Scott (D, VA-03) and 12 other lawmakers from both sides of the aisle in introducing POWADA earlier this year. The bipartisan bill now heads to the Senate for consideration.

In 2009, the Supreme Court’s decision in Gross v. FBL Financial Services, Inc. weakened protections against age discrimination under the Age Discrimination in Employment Act (ADEA). Under this decision, plaintiffs seeking to prove age discrimination in employment are required to demonstrate that age was the sole motivating factor for the employer’s adverse action, a higher burden of proof than is required for workplace discrimination claims based on race, religion, sex, or national origin.

POWADA reinstates legal standards that were undermined by this decision, restoring the rights of older Americans and ensuring claims of age discrimination are adjudicated fairly, using the same standards as other workplace discrimination claims.

“According to a 2018 study conducted by AARP, 3 in 5 workers age 45 and older had seen or experienced age discrimination in the workplace. That same study also found that when seniors become unemployed, they are far more likely than younger workers to become long-term unemployed,” Katko said. “I joined lawmakers on both sides of the aisle in introducing the Protecting Older Workers Against Discrimination Act and voted to pass it in the House because I firmly believe older workers are entitled to the right work and deserve adequate protections. By restoring federal age discrimination protections, the bill will ensure older workers are protected against age discrimination in the workplace.”

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