Rep. Cisneros Votes to Protect Older Workers From Employment Discrimination

January 15, 2020
Press Release

WASHINGTON, DC - Today, Representative Gilbert R. Cisneros, Jr. (CA-39) voted for the bipartisan Protecting Older Workers Against Discrimination Act (H.R. 1230). This bill would fix the problem created by the Supreme Court’s 2009 Gross v. FBL Financial Services, Inc. which imposed a higher burden of proof for age discrimination claims under the Age Discrimination in Employment Act (ADEA). Rep. Cisneros is a co-sponsor of the legislation.

“Discrimination has no place in our society, and we must make every effort to combat it in all its forms. Yet, the Supreme Court’s misguided decision in Gross v. FBL Financial Services made it harder for older workers fighting against age discrimination,” said Rep. Cisneros. “Today, the House is righting this wrong with the passage of the bipartisan Protecting Older Workers Against Discrimination Act. This much-needed legislation levels the playing field for older workers and restores their rights when seeking justice.”

In 1967, Congress enacted the ADEA to prohibit age discrimination in the workplace. However, the Supreme Court’s Gross decision overturned precedent to require that individuals prove that age discrimination was the decisive and determinative cause for the employer’s adverse action, rather than just a motivating factor in the employer’s adverse action.

H.R. 1230 is supported by numerous key organizations, including AARP, Leadership Council of Aging Organizations, National Council on Aging, Justice in Aging, AAUW, Consortium for Citizens with Disabilities (CCD), American Association of People with Disabilities (AAPD), Disability Rights Education & Defense Fund (DREDF), National Disability Institute, Easterseals, National Partnership for Women & Families, National Women’s Law Center, National Education Association, AFSCME, NETWORK Lobby for Catholic Social Justice, and Paralyzed Veterans of America.