Bill Would Protect Older Job Seekers From Discrimination

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A invoice that will restrict employers from discriminating in opposition to process candidates in line with age is shifting thru Congress.

The U.S. House of Representatives handed the Protect Older Job Applicants (POJA) Act of 2021 on Nov. 4 by way of a vote of 224-200, with seven Republicans supporting the law. It heads to the Senate subsequent.

If handed by way of the Senate and signed into legislation by way of the president, the POJA Act would amend the Age Discrimination in Employment Act (ADEA) of 1967 to raised give protection to process candidates particularly from age discrimination.

Section 623(a)(2) of the 1967 legislation states that it’s illegal for an employer “to restrict, segregate, or classify his staff whatsoever which might deprive or generally tend to deprive anyone of employment alternatives or differently adversely impact his standing as an worker, on account of such person’s age.”

The POJA Act would amend that segment by way of placing the word “or as an applicant for employment” after the phrase “worker.”

In a commentary issued after the House vote, Rep. Katherine Clark (D-Mass.) defined:

“While many employers and criminal students have interpreted the ADEA as making use of to process candidates and staff, two federal circuit courts dominated that some provisions of the ADEA’s federal anti-age discrimination protections simplest implemented to present staff, no longer process candidates. These slim interpretations contradict the intentions of the ADEA’s creators and the POJA Act particularly contains process candidates as safe below the ADEA.”

Additionally, the POJA Act will require the U.S. Equal Employment Opportunity Commission, a federal company, to analyze the selection of process candidates who’re suffering from age discrimination and to make suggestions for countering age discrimination within the process utility procedure.

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