A invoice that might prohibit employers from discriminating in opposition to job candidates primarily based on age is transferring by Congress.
The U.S. Home of Representatives handed the Protect Older Job Applicants (POJA) Act of 2021 on Nov. 4 by a vote of 224-200, with seven Republicans supporting the laws. It heads to the Senate subsequent.
If handed by the Senate and signed into legislation by the president, the POJA Act would amend the Age Discrimination in Employment Act (ADEA) of 1967 to raised defend job candidates particularly from age discrimination.
Part 623(a)(2) of the 1967 legislation states that it’s illegal for an employer “to restrict, segregate, or classify his staff in any approach which might deprive or are likely to deprive any particular person of employment alternatives or in any other case adversely have an effect on his standing as an worker, due to such particular person’s age.”
The POJA Act would amend that part by inserting the phrase “or as an applicant for employment” after the phrase “worker.”
In a press release issued after the Home vote, Rep. Katherine Clark (D-Mass.) explained:
“Whereas many employers and authorized students have interpreted the ADEA as making use of to job candidates and staff, two federal circuit courts dominated that some provisions of the ADEA’s federal anti-age discrimination protections solely utilized to present staff, not job candidates. These slender interpretations contradict the intentions of the ADEA’s creators and the POJA Act particularly contains job candidates as protected beneath the ADEA.”
Moreover, the POJA Act would require the U.S. Equal Employment Alternative Fee, a federal company, to analyze the variety of job candidates who’re affected by age discrimination and to make suggestions for countering age discrimination within the job utility course of.
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