AARP, Cedar Rapids residents push for age discrimination legislation

AARP leaders met Thursday at the Kirkwood Center in Cedar Rapids to share stories of age discrimination in the workplace and find ways to solve the problems facing older workers.

Age discrimination is illegal in regards to any aspect of employment, including hiring, firing, job assignments or promotions.

'At the end of the day, the ultimate indignity of age discrimination is spiritual, It absolutely negates the value of wisdom and experience and denies older workers the opportunity to continue growing and giving,” said Eric Schneidewind, an AARP board member.

Iowa residents, local civil rights activists and AARP representatives spoke to the growing problem in Iowa. As the life expectancy grows, workers are pushed into having longer careers.

Those present at the event said the best solution to the problem is for legislators to pass the Protecting Older Workers Against Discrimination Act, a bipartisan bill supported by both Sen. Chuck Grassley, R-Iowa, and Sen. Tom Harkin, D-Iowa. This bill changes the language in the age discrimination legislation to match other laws.

Work on the bill began after the 2009 Supreme Court ruling against Jack Gross in the Gross v. FBL Financial Services, Inc

case, where the U.S. Supreme Court reversed the state's decision to awarded damages to Gross in a case where he claimed he had been discriminated because of his age.

During the case, the court ruled the legislation surrounding age discrimination was not worded like the laws regarding other types of discrimination, such as race, gender, and national origin. Therefore, the justices said this case was not subject to the same procedures, meaning in cases of age discrimination, the plaintiff must prove the discrimination was the deciding factor in an employment decision, whereas other types of discrimination must only prove it was a motivating factor.

And Gross, who was present at the event, feels that since the ruling, lower courts have used the case as a 'precedent used to fuel discrimination.”

'For five years, my name has been kind of muddied around the country,” he said.

While any legislation would not benefit Gross directly, he has pursued support of the bill and testified repeatedly in congressional hearings since the decision.