BGOV Bill Summary: H.R. 2062, Age Discrimination in Employment (1)

June 15, 2021, 8:05 PM; Updated: June 23, 2021, 1:41 PM

Under H.R. 2062, the burden of proof for workplace age- or disability-related discrimination claims would be lowered to allow mixed-motive claims in which a protected status is a motivating factor.

A 2009 U.S. Supreme Court ruling in Gross v. FBL Financial Services, Inc. imposed a higher burden of proof on employees alleging age discrimination under the Age Discrimination in Employment Act (ADEA) than is required for workplace discrimination claims based on race, religion, sex, or national origin. In his opinion, Justice Clarence Thomas cited differences in how the ADEA was written compared with other discrimination laws.

Under the ruling, ...

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