Protecting Older Workers Against Discrimination Act

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Senate Bill 485 and House Bill 1230, identical bills entitled “Protecting Older Workers Against Discrimination Act,” are currently before Congress. The House majority leader has indicated that the House Bill may be considered within the next week.

These bills seek to overturn the United States Supreme Court’s ruling in Gross v. FBL Financial Services, Inc., 557 U.S. 167, 129 S.Ct. 2343 (2009), which held that for plaintiffs to prevail in age discrimination cases,

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EEOC Updates Pregnancy Discrimination Act Guidance

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On July 14, the Equal Employment Opportunity Commission updated its guidance for the enforcement of the Pregnancy Discrimination Act (“PDA”).  The PDA is an amendment to Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of pregnancy in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.  The new guidance reflects the liberal approach the EEOC is taking with regard to gender discrimination and also its enforcement of the Americans with Disabilities Act (“ADA”).

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