A bill to amend the Age Discrimination in Employment Act (ADEA) was re-introduced into the U.S. Senate last week. The bill comes one month since the 7th Circuit U.S. Court of Appeals held that some ADEA protections don’t apply to job applicants. Specifically, the bill addresses the 2009 U.S. Supreme Court ruling in Gross v. FBL Financial Services, in which the High Court held a plaintiff bringing an ADEA disparate-treatment claim must prove that age was the “but-for” cause of the challenged adverse employment action. This is a significantly higher burden of proof than required of workers alleging other forms of workplace discrimination.
https://www.hrdive.com/news/new-bipartisan-bill-seeks-to-expand-adea-protections/548673/