By Mike O’Brien bio Here is my periodic update prepared for interested HR professionals trying to deal with the complex American employment laws. House passes age bias legislation: The U.S. House of Representatives has passed the Protecting Older Workers Against Discrimination Act (POWADA). The bill, passed in January, would allow an older worker to sue for job discrimination even if age was not the sole cause of adverse employment action, but simply one motivating factor in the decision. Under the ADEA and a 2009 Supreme Court decision (Gross v. FBL Financial Services, Inc.), an aggrieved worker must show that “but for” age (40 and over), the challenged employment decision would not have been made. POWADA would substantially lower that standard to proof that age was a “motivating factor.” In addition,… . . . read more