Strengthen and Enforce Anti-Discrimination Laws to further define what harm is created by firing or laying off senior workers.

Clear Definition of Age Discrimination

Broad Definition: “Age discrimination is defined as any adverse action, harassment, or unfair treatment of an individual based on their age, including but not limited to hiring, firing, promotion, demotion, compensation, job assignments, training, benefits, and any other term or condition of employment.”

Lower Burden of Proof

Evidentiary Standards: “A claimant shall not be required to prove that age was the sole or primary factor in the adverse employment action. It shall be sufficient to demonstrate that age was a motivating factor among others.”

Mixed-Motive Cases: “In cases where both legitimate and illegitimate reasons are presented for an adverse employment action, the burden of proof shall shift to the employer to demonstrate that the same action would have been taken regardless of age.”

Prohibited Practices

Specific Prohibitions: “It shall be unlawful for any employer to:
Refuse to hire or discharge any individual or otherwise discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment, because of such individual’s age.
Limit, segregate, or classify employees in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect their status as an employee, because of such individual’s age.”