Age Discrimination

The Age Discrimination in Employment Act (ADEA) prohibits employers from making employment decisions based on age.  HR Policy Association and its members are in favor of preventing age discrimination; however, the Association opposes current legislative and regulatory attempts to expand the ADEA, which would make it significantly more difficult for employers to use longstanding defenses in order to show that they are not guilty of age discrimination.  Specifically, the Association opposes the Protecting Older Workers Against Discrimination Act, which would overturn several Supreme Court decisions, make it easier for plaintiffs to prevail by lowering the ADEA’s burdens of proof and causation, and would fuel the upward spiraling trend of employment litigation.  Furthermore, the Association opposes the regulations issued by the Equal Employment Opportunity Commission that would make it much more difficult for employers to establish that employment decisions were based on “reasonable factors other than age.”  Undermining these key defenses and lowering the standards under the ADEA will tip the scales decidedly in favor of plaintiffs and against employers.