Today, U.S. Rep Kathy Castor (FL14) celebrated bipartisan House passage of H.R.2062 – the Protecting Older Workers Against Discrimination Act of 2021 (POWADA), which would safeguard older Americans from age discrimination in the workplace.

“Federal law does not currently protect the 4.8 million 46-64 year-olds in Florida’s workforce in cases of age discrimination, and today the House took action to level the playing field for older workers and restore their rights to fight back against age discrimination. At a time when more Americans are working later in life, I am committed to passing solutions to empower and protect our older neighbors. Age discrimination is a key reason it takes unemployed older workers nearly a full year, on average, to find another job.  And 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,” said Castor.

A 2018 AARP survey found that 3 in 5 workers age 45 and older had seen or experienced age discrimination in the workplace. Additionally, the United States missed out on a potential $850 billon 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, according to a study produced by AARP and the Economist Intelligence Unit in 2020.

“POWADA is bipartisan, commonsense legislation that will restore fairness for older workers. The bill reinstates well-established legal standards on workplace discrimination and would help level the playing field for older employees, restoring their legal rights. Floridians have waited for over a decade for this legislation to be enacted, and we are pleased with its passage in Congress today. With three out of five older workers reporting that they have experienced age discrimination on the job, this much-needed fix cannot come soon enough. On behalf of AARP Florida’s 2.8 million members, we are proud to offer our support as a wise friend and fierce defender of the 50+ and their families,” said AARP Florida State Director Jeff Johnson.

“Unfortunately, a few years ago the Supreme Court made it more difficult for older workers to bring claims and sent a terrible message to employers and the courts that some types of discrimination are not as wrong, or as unlawful, as other forms of discrimination.  The good news is that the House of Representatives has passed this bipartisan bill to protect older workers… Now we’re calling on the United States Senate to take action,” Castor concluded.

Prior to the Gross v. FBL Financial Services Inc. Supreme Court decision in 2009, older workers alleging age discrimination in the workplace faced the same burden of proof as those who allege employment discrimination based on race, sex, national origin, or religion. The Protecting Older Workers Against Discrimination Act simply restores the burden of proof for workers alleging age discrimination back to the pre-2009 burden of proof applied in age discrimination cases.