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U.S. Sen. Bob Casey has joined with a bipartisan group of colleagues to introduce legislation that would level the playing field for older workers regarding age-discrimination claims.

According to information provided by Casey, ranking member of the Senate Special Committee on Aging, the legislation — Protecting Older Workers Against Discrimination Act — would restore the pre-2009 legal standards for age-discrimination claims, ensuring that everyone has equal access to the courts and reinforcing the essential principle that no amount of age discrimination is acceptable in the workplace.

Casey, D-Scranton, joined fellow senators Chuck Grassley, R-Iowa; Patrick Leahy, D-Vermont; and Susan Collins, R-Maine, to introduce the bill.

“I am proud to introduce this legislation that could protect hundreds of thousands of individuals across Pennsylvania from age discrimination,” Casey said. “Ensuring that older citizens in our community have the tools to fight back recognizes and respects the hard work they have put in to strengthen the commonwealth all their lives.”

A Supreme Court ruling in 2009 held that age-discrimination claims must prove that discrimination was not just a motivating factor but the sole or overriding factor in an adverse employment decision. Casey said this put a higher burden on older workers alleging age discrimination than on those alleging discrimination based on race, sex, national origin or religion.

Casey offered some statistics to make his point:

• More than 280,000 individuals in Luzerne and Lackawanna counties over the age of 40 would see their ability to fight age discrimination expanded under the legislation.

• The legislation applies to individuals over the age of 40 who experience age discrimination.

• In 2016, 1,198 age discrimination charges were filed with the U.S. Equal Employment Opportunity Commission from Pennsylvania.

This year marks the 50th anniversary of the Age Discrimination in Employment Act. While the ADEA marked an important step in protecting older workers from discrimination and has provided essential protections to millions of workers for decades, Casey said discrimination on the basis of age remains a significant problem.

A 2013 AARP study found that almost two in three workers ages 45 to 74 reported experiencing age discrimination in the work place. Casey said age discrimination is a key reason why many older Americans have trouble finding work after a period of unemployment and why many who are employed get paid less than their younger counterparts.

“Since the Great Recession, too many Americans in their 50s and 60s have had difficulty receiving a fair shot in the workforce,” Casey said. “This legislation will make sure that older Americans have the tools to fight back against any age discrimination. These are the Americans that have fought our wars and raised the nation’s children, and they should not face age discrimination in the job market.”

In an emailed news release from Casey’s office, Sen. Grassley said older Americans offer immense value to society and the economy and they deserve the protections Congress originally intended.

Sen. Leahy said all Americans deserve the right to safe conditions and equal rights under the law in their workplaces. He said the Protecting Older Workers Against Discrimination Act reinforces these fundamental rights for the nation’s seniors in particular.

Sen. Collins said older employees bring a wealth of knowledge and expertise to the workplace, and we should do all we can to ensure that these employees are able to participate fully in the workforce.

The legislation restores the ability of older workers to take legal action when age discrimination affected their professional opportunities. Additionally, it reaffirms that workers may use any type of admissible evidence to prove their claims.

AARP has endorsed this legislation, and in a letter supporting its introduction in 2013, AARP Executive Vice President Nancy LeaMond said, “Until Congress passes this bill, too many older workers who have been victims of age discrimination will be denied a fair shake in our justice system.”

“The persistence of age discrimination in its many forms remains a significant barrier to older Americans’ retirement security,” LeaMond said.

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By Bill O’Boyle

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Reach Bill O’Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.