Age Discrimination Gets Attention Of Congress

today's workplace
May 14th, 2010 Ellen Simon
Hearings Held On Federal Discrimination Bill To Overturn Gross Decision


Last week, both the House and Senate held hearings on the Protecting Older Workers Against Discrimination Act (POWADA) (H.R. 3721, S. 1756). The legislation would overturn the awful Gross v. FBL Financials Services, Inc. case decided by the Supreme Court last year. If passed, the bill will apply retroactively to all cases pending on or after June 17, 2009, the date of the Gross decision.
Simply stated, the Gross decision holds age discrimination plaintiffs to a higher standard of proof than other victims of discrimination by requiring them to prove that their age was the “but for” cause of the employer’s adverse decision instead of “a motivating factor.” I predicted, as did others, that Gross would get a Congressional fix and that’s exactly what POWADA does – and more.

Full Story: http://www.todaysworkplace.org/2010/05/14/age-discrimination-gets-attention-of-congress/