17th Congressional District Representative, Cheri Bustos, Wednesday helped pass the bipartisan Protecting Older Workers Against Discrimination Act (POWADA).
In 2009, the Supreme Court ruling in Gross vs. FBL Financial Services put a greater burden of proof in age discrimination cases on workers who claiming that age was the decisive and determinative cause for adverse action by employers.
Bustos says this bill helps return protections to an older workforce who may be the victims of employers with “bad motives.”
“All employees deserve a safe work environment, free from discrimination,” said Bustos. “Today I was proud to cast my vote to strengthen workplaces through the Protecting Older Workers Against Discrimination Act. Throughout my time in Congress, I have fought to defend American workers from discrimination. This legislation takes the necessary steps to restore protections for older workers and hold those with bad motives accountable for their actions.”
POWADA would return the burden of proof to the pre-2009 “mixed-motive” standard used in all cases of alleged discrimination, including race, sex, national origin, and religion.
As a result of it’s passing, the bill amends the Age Discrimination in Employment Act and the anti-discrimination provision of Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Rehabilitation Act.