June 11, 2010
Professor Helen Norton was invited by the U.S. Senate Committee on Health, Education, Labor and Pensions to testify at a May 6 hearing to examine S.1756 (watch video), to amend the Age Discrimination in Employment Act of 1967 to clarify the appropriate standard of proof. At the hearing, “Protecting Older Workers Against Discrimination Act,” Professor Norton stated in her testimony: The Supreme Court’s 2009 decision in Gross v. FBL Financial Services, Inc. significantly undermines older workers’ ability to enforce their rights under the Age Discrimination in Employment Act (ADEA), and threatens to do the same for workers seeking to enforce their rights to be free from discrimination and retaliation under a wide range of other federal employment laws. S.1756 would replace the causation rule articulated by the Gross Court with the causation standard long in place under Title VII that more effectively furthers Congress’ key interest in removing and deterring barriers to equal employment opportunity.Professor Norton was then invited on June 10 to testimonry before the U.S. House Judiciary Committee at a hearing on H.R. 3721 on "the "Protecting Older Workers Against Discrimination Act" by the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. Read her testomony.