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COMMITTEE ON EDUCATION AND LABOR
HOUSE OF REPRESENTATIVES

NINETY-FOURTH CONGRESS

SECOND SESSION

ON

H.R. 2588

A BILL TO TERMINATE AGE DISCRIMINATION IN

EMPLOYMENT

HEARING HELD IN WASHINGTON, D.C., FEBRUARY 9, 1976

66-970

PART 1

Printed for the use of the Committee on Education and Labor

CARL D. PERKINS, Chairman

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1976

COMMITTEE ON EDUCATION AND LABOR

CARL D. PERKINS, Kentucky, Chairman

FRANK THOMPSON, JR., New Jersey
JOHN H. DENT, Pennsylvania
DOMINICK V. DANIELS, New Jersey
JOHN BRADEMAS, Indiana
JAMES G. O'HARA, Michigan
AUGUSTUS F. HAWKINS, California
WILLIAM D. FORD, Michigan
PATSY T. MINK, Hawaii (on leave)
LLOYD MEEDS, Washington
PHILLIP BURTON, California
JOSEPH M. GAYDOS, Pennsylvania
WILLIAM "BILL" CLAY, Missouri
SHIRLEY CHISHOLM, New York
MARIO BIAGGI, New York
IKE ANDREWS, North Carolina
WILLIAM LEHMAN, Florida
JAIME BENITEZ, Puerto Rico
MICHAEL BLOUIN, Iowa
ROBERT CORNELL, Wisconsin

PAUL SIMON, Illinois

EDWARD BEARD, Rhode Island
LEO ZEFERETTI, New York
GEORGE MILLER, California

RONALD MOTTL, Ohio

TIM HALL, Illinois

ALBERT H. QUIE, Minnesota
JOHN M. ASHBROOK, Ohio
ALPHONZO BELL, California
JOHN N. ERLENBORN, Illinois
MARVIN L. ESCH, Michigan

EDWIN D. ESHLEMAN, Pennsylvania
PETER A. PEYSER, New York
RONALD A. SARASIN, Connecticut
JOHN BUCHANAN, Alabama
JAMES M. JEFFORDS, Vermont
LARRY PRESSLER, South Dakota
WILLIAM F. GOODLING, Pennsylvania.
VIRGINIA SMITH, Nebraska

SUBCOMMITTEE ON EQUAL OPPORTUNITIES

AUGUSTUS F. HAWKINS, California, Chairman

JOHN BUCHANAN, Alabama

ALBERT H. QUIE, Minnesota, Ex Officio

WILLIAM "BILL" CLAY, Missouri

JAIME BENITEZ, Puerto Rico
PATSY T. MINK, Hawaii (on leave)
CARL D. PERKINS, Kentucky, Ex Officio

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CONTENTS

30%

Page

Hearing held in Washington, D.C., February 9, 1976--
Text of H.R. 2588_-

Statement of:

Findley, Hon. Paul, a Representative in Congress from the State of
Illinois

James, Ronald J., administrator, Wage and Hour Division, Employ-
ment Standards Administration, U.S. Department of Labor, accom-
panied by Francis W. McGowan; and Carin Ann Clauss, associate
solicitor, Fair Labor Standards...

Langley, Ralph, chairman of the board, Greater San Antonio Cham-
ber of Commerce__

Martin, John B., legislative consultant, National Retired Teachers
Association, and American Association of Retired Persons, accom-
panied by Fay Mench---

Prepared statements, letters, supplemental material, etc.:

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Alferieff, Mrs. Lubov, Chappaqua, N.Y., letter to Hon. John H. Dent,
dated February 2, 1976___

51

Annunzio, Hon. Frank, a Representative in Congress from the State
of Illinois, prepared statement of--.

18

Findley, Hon. Paul, a Representative in Congress from the State of
Illinois, "Discussion Draft," February 9, 1976---

James, Ronald J., administrator, Wage and Hour Division, Employ-
ment Standards Administration, U.S. Department of Labor, sup-
plemental statement of-----

Langley, Ralph, chairman of the board, Greater San Antonio Cham-
ber of Commerce, prepared statement of__
Martin, John B., legislative consultant to the National Retired Teach-
ers Association, and the American Association of Retired Persons,
prepared statement of___

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AGE DISCRIMINATION IN EMPLOYMENT

Part 1

MONDAY, FEBRUARY 9, 1976

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON EQUAL OPPORTUNITIES OF THE

COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met at 10:15 a.m., pursuant to notice, in room 2261, Rayburn House Office Building, Hon. Augustus Hawkins (chairman of the subcommittee) presiding.

Members present: Representatives Hawkins and Buchanan.

Staff present: Susan D. Grayson, staff director; Frances Hardin, research assistant; Richard Mosse, assistant minority counsel; and, Carole Schanzer, clerk.

[Text of H.R. 2588 follows:]

[H.R. 258S, 94th Cong., 1st sess.]

A BILL To terminate age discrimination in employment

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 12 of the Age Discrimination in Employment Act of 1967 is amended by striking everything after the word "age" and inserting a period.

Mr. HAWKINS. The Subcommittee on Equal Opportunities of the Education and Labor Committee is called to order.

The subject matter of the hearing this morning is age discrimination in employment. The Chair would like to make this brief opening

statement.

In 1967 Congress passed the Age Discrimination in Employment Act which prohibited such discrimination against workers between the ages of 40 and 65. Since the passage of the act, many employers have found to their surprise and delight-and contrary to their expectations that in relation to younger workers, older workers tend to be more stable and dependable, that they have comparable production rates, and that they are apt to be ill or disabled less frequently.

Our hearing today will open discussion on the proposed amendments which would expand the coverage of the Age Discrimination in Employment Act to persons over the age of 65.

The practical effect of such an amendment would be to abolish mandatory retirement at age 65. This is an important issue with significant implications for our Nation's use of its human resources.

The employment problems of the elderly have long been of concern to the subcommittee. Currently, we have before us the Equal Opportunity and Full Employment Act which addresses itself to the problems of the unemployed, including the elderly.

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