Rep. Wild Defends Protections for Older Workers on House Floor

January 15, 2020

WASHINGTON – Today, U.S. Representative Susan Wild (PA-07) got fired up defending H.R. 1230, the Protect Older Workers Against Age Discrimination Act, against attempts to weaken the bill on the floor of the House of Representatives. This bipartisan legislation would restore protections for older workers by ensuring they have the same legal protections against age discrimination as those that exist for discrimination claims based on race, gender, nationality, and religion.

"Age discrimination is a significant barrier for job opportunities. When older workers lose their jobs, they are far more likely to suffer long term or permanent unemployment. Despite that, protections for older workers have been gutted. 61 percent of older workers have either seen or experienced age discrimination in the workplace, but only 3 percent report having made a formal complaint," said Wild. "That is unacceptable. I am proud that we took a big step today in restoring protections for our older workforce and fight for folks who work hard across this country every day."

Despite older workers' clear need for strong workplace protections from discrimination, the Supreme Court's 2009 decision in Gross v. FBL Financial Services, Inc. weakened protections against age discrimination under the Age Discrimination in Employment Act (ADEA). The Protect Older Workers Against Age Discrimination Act returns to the to pre-2009 evidential threshold applied in discrimination claims. Additionally, the legislation amends four laws – the ADEA, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Rehabilitation Act – to ensure that all victims of discrimination, including older workers, can have their claims adjudicated fairly.

A 2018 survey conducted by the AARP found that 3 in 5 workers age 45 and older had seen or experienced age discrimination in the workplace and that 75% of older workers blame age discrimination for their lack of confidence in being able to find a new job. Enforcement statistics from the Equal Employment Opportunity Commission (EEOC) have shown complaints of age discrimination climbing over the last two decades. In 2000, the EEOC received roughly 16,000 charges of age discrimination and in 2017, the EEOC received over 20,000 complaints – accounting for 23% of all discrimination charges filed.