April 23, 2019

Looking for Work? Older Workers Need Not Apply?

If you are an employer with 20 or more employees, you are covered under the Age Discrimination in Employment Act (ADEA). If you are an employee age 40 or above worker for a covered employer, you are protected from age discrimination under the ADEA. But what if you are a person age 40 or above applying for a job with a covered employer? Are you protected from age discrimination?

On April 23rd, the U.S. Supreme Court was petitioned and asked to rule on the answer to this question. Why now? On January 23rd, the 7th Circuit ruled that applicants are not covered under the ADEA.  In between the two, Congress filed H.R. 1230, “Protecting Older Workers From Discrimination Act.” This bill proposes to reduce the burden of proof for plaintiffs claiming age discrimination and require them to show only that age was factor in an adverse employment action (firing, failure to promote, etc.), not that age was the sole or even the primary or “but for” factor.  decision raise enough attention that Congress responded and