On the recordNovember 3, 2021
Thank you today, the House has an opportunity to support older workers by passing H.R. 3992, the Protect Older Job Applicants Act, introduced by Representative Garcia of Texas. While Americans are working later in life than ever before, many older workers are finding that their experience can count against them when applying for new jobs. Research shows that three-fourths of workers age 45 and older say age discrimination has eroded their confidence in finding a new job, and more than 40 percent of older job applicants have been asked for age-related information in the hiring process. For more than half a century, older workers and older job applicants who face age discrimination were equally protected under the Age Discrimination in Employment Act, or A-D-E-A. Earlier this year, House Republicans and Democrats came together to pass the Protecting Older Workers Against Discrimination Act, which strengthens protections for workers who allege disparate treatment based on age under the A-D-E-A. Unfortunately, recent decisions in the Seventh and Eleventh Federal Circuit Courts have excluded job applicants from seeking recourse under the disparate impact provision of the A-D-E-A, even while maintaining that same protection for current employees. This means older job applicants in the Seventh and Eleventh Circuits can only challenge age discrimination in hiring when they prove that an employer intended to discriminate based on age.…





