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5 Ways House Age Bias Bill May Change Discrimination Cases

Law360

June 28, 2021

Sills Cummis' Patricia Prezioso is quoted in this Law360 article covering a bipartisan bill - Protecting Older Workers Against Discrimination Act - that cleared the U.S. House of Representatives and how it may change age-related employment claims.

According to the article, "The Protecting Older Workers Against Discrimination Act, which will have to make it through the sharply divided Senate before President Joe Biden will get a chance to sign it, would amend civil rights laws to treat age-related employment claims the same as complaints related to race, gender and other categories protected by separate statutes."

The article covers five ways age discrimination litigation would change – harmonizing standards of proof, reaching beyond age discrimination, less proof/less reward, more lawsuits in the pipeline, and more deals will be cut.

When discussing reaching beyond age discrimination, the article states, "The bipartisan bill goes further than just affecting the ADEA, as it also would make the motivating factor standard available for workers claiming disability discrimination under the Americans with Disabilities Act and those lobbing allegations of retaliation under Title VII."  

Later in that section, "Patricia M. Prezioso, who co-leads Sills Cummis & Gross P.C.'s employment and labor practice, said the application of the motivating factor test to the ADA and Title VII's retaliation provision will affect claims under two statutes in 'much the same way' as it does allegations under the ADEA.

"'It's crystallizing what the burdens are going to be, and it'll have the same impact,' she said."