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Ageing Policies Database

Protecting Older Workers Against Discrimination Act


United States of America

The Protecting Older Workers Against Discrimination Act aims to strengthen legal protections against age discrimination in the workplace. Its primary goals are to revise the evidentiary standard for age discrimination claims, to allow mixed-motive claims where age is a motivating factor, even if not the sole cause, and to align the legal standards with other anti-discrimination laws. The key institution involved is the U.S. Congress, with the bill being introduced in the House. Main stakeholders include older workers, employers, legal professionals, and advocacy groups for older persons. The Act has a national scope across the United States. It affects all sectors employing older workers, particularly those aged 40 and above, who are part of the workforce. Key features of the Act include allowing the use of any admissible evidence sufficient for a reasonable fact-finder to conclude that discrimination occurred, not requiring the complainant to prove that age was the sole cause of the employer's adverse decisions and applying the revised standard to various employment discrimination and retaliation claims.The law was enacted in 2021.


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USA72-1.pdf

Policy Themes
Policy Instruments
Government Levels
Keywords
  • Ageism

  • Discrimination

  • Employment

Related SDGs
Goal 8 - Decent Work and Economic GrowthGoal 10 - Reduced InequalitiesGoal 16 - Peace, Justice and Strong Institutions