Press Releases

WASHINGTON, D.C. – Today, Congresswoman Lori Trahan (MA-03) voted to advance H.R. 2062, the Protecting Older Workers Against Discrimination Act of 2021, bipartisan legislation that will restore older workers’ rights to fight back against age discrimination.

“Every American — regardless of age — deserves to know that their rights within the workplace are protected and enforceable,” said Congresswoman Trahan. “As people continue returning to work, it’s critical that we root out all forms of discrimination within the workplace, including the rising tide of age discrimination that threatens older Americans’ livelihoods and long-term financial security. I’m proud to join my colleagues in supporting this legislation, which will push back against this unfair discrimination and level the playing field for older workers.”

Over a decade ago, the Supreme Court decision in Gross v. FBL Financial Services Inc. established a higher standard of proof for age discrimination than was previously applied. Since then, enforcement statistics from the Equal Employment Opportunity Commission show that age-based discrimination has been on the rise. A 2018 AARP survey found that 3 in 5 workers age 45 and older had seen or experienced age discrimination in the workplace. 

The ramifications of leaving this problem unaddressed is harmful for older Americans and for the economy. Age discrimination is a key reason it takes unemployed older workers nearly a full year, on average, to find another job. When they do land a job, it’s often for less money, which can have a crushing impact on older workers’ long-term financial security and ability to live independently as they age. Moreover, the United States missed out on a potential $850 billion in GDP in 2018 because those age 50 plus who wished to remain in or re-enter the labor force, switch jobs or be promoted within their existing company were not given that opportunity

The Protecting Older Workers Against Discrimination Act of 2021 will restore the standard of proof in age discrimination cases to the pre-Gross v. FBL level and deem age discrimination as unjust as other forms of employment discrimination. Trahan supported passage of a nearly identical bill in a strong bipartisan vote in the House during the 116th Congress, but this legislation was not taken up by the Senate under the leadership of then-Majority Leader Mitch McConnell.

The bill is supported by numerous organizations, including: AARP, NAACP, National Urban League, Leadership Council of Aging Organizations, Alliance for Retired Americans, AFL-CIO, National Council on Aging, American Society on Aging, Asociación Nacional Pro Personas Mayores, National Alliance for Caregiving, Caring Across Generations, Medicare Rights Center, The Gerontological Society of America, LeadingAge, Justice in Aging, National Committee to Preserve Social Security and Medicare, National Association of Social Workers, National Association of Nutrition and Aging Services Programs, National Association of Area Agencies on Aging, Association of Jewish Aging Services, National Adult Day Care Services Association, National Indian Council on Aging, National Senior Corps Association, AMDA – The Society for Post-Acute and Long-Term Care Medicine, Center for Eldercare Improvement – Altarum, National Active and Retired Federal Employees Association, Pension Rights Center, Social Security Works, American Postal Workers Union Retirees Department, Association for Gerontology and Human Development in HBCUs, and Women’s Institute for a Secure Retirement.

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