Protecting Older Workers Against Discrimination Act of 2021

Floor Speech

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Ms. WILLIAMS of Georgia. Mr. Speaker, I rise today in support of the Protecting Older Workers Against Discrimination Act and my amendment to the bill.

For older job seekers and workers, age discrimination remains a barrier to both getting employed and staying employed. According to an AARP survey released in 2019, three in five older workers report that they have seen or experienced age discrimination on the job.

Age discrimination should have no place in decisions about an employee. It doesn't matter if age is one factor or the only factor in these decisions. Discrimination is still wrong.

Under current law, an older worker must prove that a negative action was taken against them solely because of their age to pursue legal remedy for age discrimination. That leaves out a lot of workers who have been marginalized because of their age.

The bill before us would create a reasonable burden of proof under the law to allow more workers who have faced age discrimination to pursue relief.

Enacting this legislation would be a monumental step, but we have more to do to ensure that all older workers are served well by protections under law because the circumstances facing older workers are not all the same.

Many older workers face intersectional discrimination based not only on their age, but also due to factors like their race, their gender, or disability status. For example, in a 2017 experimental study published by the Federal Reserve Bank, researchers found that older women encounter more age discrimination in the hiring process and callback process than men.

To ensure equitable protection for individuals experiencing intersectional discrimination, we have to understand any disparities they may face in pursuing relief from discrimination as this legislation is implemented.

My amendment tasks the Equal Employment Opportunity Commission with completing a study on these disparities and reporting back to Congress within 2 years. This analysis will be crucial to ensuring our laws are serving all of us and that we are truly reaching the ideal of equality for all.

Mr. Speaker, I urge my colleagues to support my amendment and the underlying legislation.

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