House Passes Older Job Applicant Discrimination Bill

November 05, 2021

By a vote of 224 to 200, the U.S. House of Representatives passed the Protect Older Job Applicants Act (H.R. 3992), which would prohibit employers from limiting, segregating, or classifying job applicants based on age.

The bill would expand protections in the Age Discrimination in Employment Act to allow external job applicants to bring disparate impact discrimination claims. 

Outlook:  The White House-supported bill will now go to the Senate for consideration, although the timing of floor consideration is uncertain at this time.  Even if the bill is not taken up by the Senate chamber in the near future, employers should pay close attention to recruiting and hiring practices, and review the language of job advertisements as well as recruiting methods, to ensure that the postings and practices are not just targeting certain age groups and excluding others.