Protect Older Job Applicants Act of 2021

Floor Speech

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Mr. SCOTT of Virginia. Mr. Speaker, thank you today, the House has an opportunity to support older workers by passing H.R. 3992, the Protect Older Job Applicants Act, introduced by Representative Garcia of Texas.

While Americans are working later in life than ever before, many older workers are finding that their experience can count against them when applying for new jobs. Research shows that three-fourths of workers age 45 and older say age discrimination has eroded their confidence in finding a new job, and more than 40 percent of older job applicants have been asked for age-related information in the hiring process.

For more than half a century, older workers and older job applicants who face age discrimination were equally protected under the Age Discrimination in Employment Act, or A-D-E-A.

Earlier this year, House Republicans and Democrats came together to pass the Protecting Older Workers Against Discrimination Act, which strengthens protections for workers who allege disparate treatment based on age under the A-D-E-A.

Unfortunately, recent decisions in the Seventh and Eleventh Federal Circuit Courts have excluded job applicants from seeking recourse under the disparate impact provision of the A-D-E-A, even while maintaining that same protection for current employees.

This means older job applicants in the Seventh and Eleventh Circuits can only challenge age discrimination in hiring when they prove that an employer intended to discriminate based on age. They are unable to challenge hiring practices that appear neutral, but, in fact, result in a disproportionate, harmful impact on older workers.

Unfortunately, the Supreme Court declined to grant review of this matter. Therefore, it is up to Congress to clarify what has otherwise been the law of the land with regard to the coverage of job applicants under the A-D-E-A.

Current law provides recourse for job applicants in most jurisdictions, but not all. By amending the A-D-E-A, this legislation clarifies that older job applicants across the country can effectively seek justice when they are harmed by age discrimination in hiring.

The Administration issued a Statement of Administration Policy in support of this legislation. It states in part:

``Workplace age discrimination, including at the application stage, prevents people from fully accessing the American dream and limits the contributions that they can make to our shared prosperity. Ensuring equitable access to employment is a priority for the Administration. The Administration supports this legislation that protects older job applicants.''

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