ms. aldrich. >> good morning, chairman harkin and senator frankly, i thank you and the committee for affording me the privilege of testifying today. i am here, at your invitation, to speak about the proposed protecting older workers against discrimination act. i do not believe the bill would advance the public interest. in particular, the bill is drafted -- as drafted will do nothing to protect workers from age discrimination, other forms of discrimination, retaliation, or any other unlawful conduct. i say this for three reasons, first, the bill incorrectly asserts that the decision by the supreme court of the u.s. in gross. fbl financial services, eliminated protection from any individuals. the decision, however, does not eliminate protections for victims. before the decision, age discrimination defendants could prevail even when they improperly considered a person's age, if they demonstrated they would have made the same decision or taken the same action, for reasons unrelated to age. the court's decision stripped away the so-called same action, or same decision defense, and, therefore depri