Mr. Speaker, I thank the gentleman for his work on this bill. Although House Democrats continue to work for an end to the pandemic, COVID-19 has changed the American workforce. People from all walks of life have suffered. Older Americans…
Mr. Speaker, I thank the gentleman for his work on this bill.
Although House Democrats continue to work for an end to the pandemic, COVID-19 has changed the American workforce. People from all walks of life have suffered. Older Americans in the workforce continue to feel the fallout from the coronavirus.
The perception that older workers are not as valuable as their younger counterparts persists. The myth that older workers are unproductive and costly persists. The idea that older Americans do not value their careers, their job, or their work persists. Because of these challenges, older workers are more likely to remain out of the workforce when they lose a job.
Age discrimination is a real threat to our workforce, but it doesn't have to be that way. That is why the Protecting Older Workers Against Discrimination Act is so very important. Older workers need specific protections under the law.
As we look ahead to a stronger economy and upcoming legislation, I urge Members to remember the importance of older workers to our economy, to our workforce, and to our families.
Mr. Speaker, I include in the Record a letter from the group Paralyzed Veterans of America.
Paralyzed Veterans of America,
Washington, DC, May 24, 2021.
Hon. Robert Scott,
Chairman, Education and Labor Committee,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Paralyzed Veterans of America (PVA) is
pleased to support reintroduction of the Protecting Older
Workers against Discrimination Act (POWADA). PVA is the
nation's only Congressionally-chartered veterans service
organization solely dedicated to representing veterans with
spinal cord injuries and/or disorders. POWADA is important to
our members as people with disabilities because it will
restore well-established legal standards on workplace
discrimination that were undermined by a 2009 Supreme Court
decision.
In 2009, in the case of Gross v. FBL Financial Services,
the U.S. Supreme Court decided to impose a much higher burden
of proof on workers who allege age discrimination than on
those who allege discrimination based on race, sex, national
origin, or religion. By changing the legal standards in age
discrimination cases--from having to prove that age played a
role in the worker's treatment to having to show that age
played the decisive role in the worker's treatment--the Court
set aside decades of legal precedent and signaled to
employers that some amount of age discrimination is
permissible. Moreover, the decision made it exponentially
more difficult for workers who have experienced age
discrimination to seek redress in court and prove their case.
Many courts began applying the Gross decision to weaken
other civil rights laws, including disability discrimination
cases. In 2019, in the case of Natofsky v. City of N.Y., the
Second Circuit joined the Fourth, Sixth, and Seventh Circuits
in ruling that disability discrimination under the ADA and
the Rehabilitation Act of 1973 must be established under the
higher, ``butfor'' standard. Federal courts have
consistently, but in our view erroneously, applied Gross to
claims under the Americans with Disabilities Act (ADA), ADA
retaliation, and the Rehabilitation Act of 1973. Some courts
have questioned the applicability of Gross to disability
claims without deciding the issue, but no court has declined
to apply Gross to the ADA/Rehabilitation Act. Some courts
have even begun to apply Gross to disability discrimination
in public accommodations.
The unemployment rate for workers with disabilities is
almost double the rate for workers without disabilities. For
all the workers affected by the Gross decision, POWADA is a
jobs bill.
By clarifying that discrimination may play no role in
employment decisions under the ADA and certain other laws,
this legislation would simply restore the law prior to the
Gross decision.
PVA appreciates your continued pursuit of this important
legislation and urges Congress to act swiftly on its passage.
Sincerely,
Heather Ansley, MSW, Esq.,
Associate Executive Director.