S.1820 - Protecting Older Workers Against Discrimination Act (119th Congress)
Summary
S.1820, the Protecting Older Workers Against Discrimination Act, aims to amend the Age Discrimination in Employment Act of 1967 and other related laws. The bill seeks to clarify the standards for federal employment discrimination and retaliation claims, particularly concerning age discrimination. It addresses the burden of proof in 'mixed-motive' cases, where age is one of several factors in an employment decision.
Expected Effects
The bill would make it easier for employees to prove age discrimination by establishing that age only needs to be a 'motivating factor,' not the sole cause, in adverse employment actions. It also clarifies the remedies available in such cases, potentially limiting damages in situations where the employer would have taken the same action regardless of age. The amendments apply retroactively to pending claims.
Potential Benefits
- Strengthens protections for older workers against age discrimination.
- Clarifies the standards of proof in age discrimination cases, making it easier for plaintiffs to pursue claims.
- Provides a more consistent legal framework for addressing age discrimination across different federal laws.
- Allows for declaratory and injunctive relief, as well as attorney's fees, even in mixed-motive cases.
- Applies to pending claims, offering immediate relief to those currently involved in litigation.
Potential Disadvantages
- May increase litigation as it lowers the bar for proving discrimination.
- Could create uncertainty for employers in making employment decisions.
- Limits the remedies available to plaintiffs in mixed-motive cases, potentially reducing the compensation they can receive.
- May lead to frivolous lawsuits if not carefully applied by the courts.
- Could disproportionately affect small businesses with limited resources to defend against discrimination claims.
Constitutional Alignment
The bill aligns with the principles of equal protection and due process, although these are primarily enforced through the 5th and 14th Amendments, which directly constrain state action. While the Constitution does not explicitly address age discrimination, this bill aims to ensure fairness in employment, which can be seen as promoting the general welfare as stated in the Preamble. The bill's provisions regarding remedies and standards of proof are subject to judicial interpretation, which will further define its constitutional boundaries.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).