II 

118TH CONGRESS 

2D SESSION S. 4327 

To amend section 1977A of the Revised Statutes to equalize the remedies 

available under that section and to amend the Age Discrimination in 

Employment Act of 1967 to provide any legal or equitable relief available 

under title VII of the Civil Rights Act of 1964. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2024 

Mr. MARKEY (for himself and Mr. CASEY) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To amend section 1977A of the Revised Statutes to equalize 

the remedies available under that section and to amend 

the Age Discrimination in Employment Act of 1967 to 

provide any legal or equitable relief available under title 

VII of the Civil Rights Act of 1964. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Remedies Act 

5 of 2024’’. 


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•S 4327 IS

1 SEC. 2. EQUALIZATION OF REMEDIES. 

2 Section 1977A of the Revised Statutes (42 U.S.C. 

3 1981a) is amended— 

4 (1) by amending (b)(3) to read as follows: 

5 ‘‘(3) LOSSES.—Compensatory damages are 

6 available under this section for past and future pe7 cuniary losses, emotional pain, suffering, inconven8 ience, mental anguish, loss of enjoyment of life, and 

9 other nonpecuniary losses.’’; and 

10 (2) in subsection (c), by striking ‘‘section—’’ 

11 and all that follows through the period at the end, 

12 and inserting ‘‘section, any party may demand a 

13 jury trial.’’. 

14 SEC. 3. COMPENSATORY AND PUNITIVE DAMAGES AVAIL15 ABLE FOR AGE DISCRIMINATION. 

16 Section 7(b) of the Age Discrimination in Employ17 ment Act of 1967 (29 U.S.C. 626(b)) is amended— 

18 (1) by striking ‘‘(b) The’’ and all that follows 

19 through the third sentence and inserting the fol20 lowing: 

21 ‘‘(b)(1) Except as otherwise provided in another sub22 section of this section, or section 9, the powers, remedies, 

23 and procedures set forth in sections 705, 706, 707, 709, 

24 and 710 of the Civil Rights Act of 1964 (42 U.S.C. 

25 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9) 

26 shall be the powers, remedies, and procedures this Act 


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1 provides to the Commission, to the Attorney General, or 

2 to any person alleging discrimination on the basis of age 

3 in violation of section 4 or 15, or regulations promulgated 

4 under section 9.’’; 

5 (2) in the second sentence of that subsection 

6 (b), as amended by paragraph (1)— 

7 (A) by striking ‘‘In any’’and inserting the 

8 following: 

9 ‘‘(2) In any’’; and 

10 (B) by striking ‘‘or enforcing the liability 

11 for amounts deemed to be unpaid minimum 

12 wages or unpaid overtime compensation under 

13 this section’’ and inserting ‘‘and including any 

14 type of legal or equitable relief available for an 

15 unlawful employment practice under title VII of 

16 the Civil Rights Act of 1964 (42 U.S.C. 2000e 

17 et seq.)’’; and 

18 (3) in the third sentence of that subsection (b), 

19 as amended by paragraph (1), by striking ‘‘Before’’ 

20 and inserting the following: 

21 ‘‘(3) Before’’. 

Æ 


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