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Rep. McClain Offers Amendment to Protect Workers with Disabilities

May 26, 2021

WASHINGTON, D.C. – Today, Rep. Lisa McClain (R-MI) offered an amendment to protect workers with disabilities and employers from frivolous lawsuits during a House Education and Labor Committee markup on H.R. 2062, the Protecting Older Americans Against Discrimination Act.

Rep. McClain’s amendment clarifies that an employer discussing reasonable accommodations with a worker with a disability is not sufficient in itself, without additional evidence, to demonstrate discrimination under H.R. 2062.

“The Protecting Older Americans Against Discrimination Act would severely undermine the interactive process between employers and employees that is necessary to find a reasonable accommodation for those with disabilities,” said Rep. McClain. “It’s disappointing the Majority decided to side with trial lawyers, who are the only real beneficiaries of this bill, instead of protecting workers with a disability who need an open dialogue with their employers. Without my amendment, employers will be opening themselves up to litigation just by having a discussion on accommodations with their employees.”

Rep. McClain’s amendment failed with a vote of 19-28.