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Union Calendar No. 295 

116TH CONGRESS 

2D SESSION H. R. 1230 

[Report No. 116–372] 

To amend the Age Discrimination in Employment Act of 1967 and other 

laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2019 

Mr. SCOTT of Virginia (for himself, Mr. SENSENBRENNER, Ms. BONAMICI, 

Mr. KATKO, Mr. HURD of Texas, Ms. ADAMS, Mr. TAKANO, and Mr. 

GROTHMAN) introduced the following bill; which was referred to the Committee on Education and Labor 

JANUARY 9, 2020 

Additional sponsors: Mr. PHILLIPS, Mr. LEVIN of Michigan, Mr. STAUBER, 

Ms. NORTON, Ms. BASS, Mr. CICILLINE, Mr. RASKIN, Mr. VAN DREW, 

Mr. DESAULNIER, Ms. STEFANIK, Mr. FITZPATRICK, Ms. STEVENS, Mr. 

RODNEY DAVIS of Illinois, Ms. MENG, Miss GONZA ́LEZ-COLO ́N of Puerto 

Rico, Ms. WILD, Ms. UNDERWOOD, Ms. OMAR, Mr. SABLAN, Mr. HARDER of California, Mrs. LEE of Nevada, Ms. JAYAPAL, Ms. LOFGREN, Mr. 

KHANNA, Mr. ROUDA, Ms. CASTOR of Florida, Ms. HAALAND, Mr. SMITH

of New Jersey, Mr. SUOZZI, Mrs. TRAHAN, Mr. PAYNE, Mr. CUELLAR, 

Mr. DANNY K. DAVIS of Illinois, Ms. CLARKE of New York, Mr. HIGGINS

of New York, Mr. GONZALEZ of Texas, Ms. LEE of California, Ms. 

SPANBERGER, Ms. KAPTUR, Ms. MCCOLLUM, Ms. ESHOO, Mr. KILDEE, 

Mr. NEAL, Mr. SIRES, Mr. MALINOWSKI, Mrs. AXNE, Ms. OCASIO-CORTEZ, Mr. LIPINSKI, Mr. NADLER, Mr. GRIJALVA, Mr. BLUMENAUER, 

Mrs. DINGELL, Ms. JACKSON LEE, Mr. RICHMOND, Mr. LOWENTHAL, 

Ms. PRESSLEY, Ms. TLAIB, Ms. PINGREE, Mrs. MCBATH, Mr. CASTRO

of Texas, Mr. LYNCH, Mrs. HAYES, Ms. SHALALA, Mr. ROSE of New 

York, Ms. FINKENAUER, Ms. GARCIA of Texas, Ms. SCHRIER, Mr. NORCROSS, Mr. COURTNEY, Mr. LARSON of Connecticut, Mrs. DAVIS of California, Mr. CISNEROS, Mr. POCAN, Mr. JOHNSON of Georgia, Mr. 

MORELLE, Mr. FOSTER, Ms. JOHNSON of Texas, Mr. CLEAVER, Mr. 


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COHEN, Mr. CARBAJAL, Mr. TRONE, Ms. WATERS, Ms. WILSON of Florida, and Mr. CASTEN of Illinois 

JANUARY 9, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 14, 2019] 

A BILL 

To amend the Age Discrimination in Employment Act of 

1967 and other laws to clarify appropriate standards 

for Federal employment discrimination and retaliation 

claims, and for other purposes. 


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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 ‘‘Protecting Older Work5 ers Against Discrimination Act’’. 

6 SEC. 2. STANDARDS OF PROOF. 

7 (a) AGE DISCRIMINATION IN EMPLOYMENT ACT OF

8 1967.— 

9 (1) CLARIFYING PROHIBITION AGAINST IMPER10 MISSIBLE CONSIDERATION OF AGE IN EMPLOYMENT

11 PRACTICES.—Section 4 of the Age Discrimination in 

12 Employment Act of 1967 (29 U.S.C. 623) is amended 

13 by inserting after subsection (f) the following: 

14 ‘‘(g)(1) Except as otherwise provided in this Act, an 

15 unlawful practice is established under this Act when the 

16 complaining party demonstrates that age or an activity 

17 protected by subsection (d) was a motivating factor for any 

18 practice, even though other factors also motivated the prac19 tice. 

20 ‘‘(2) In establishing an unlawful practice under this 

21 Act, including under paragraph (1) or by any other method 

22 of proof, a complaining party— 

23 ‘‘(A) may rely on any type or form of admissible 

24 evidence and need only produce evidence sufficient for 


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1 a reasonable trier of fact to find that an unlawful 

2 practice occurred under this Act; and 

3 ‘‘(B) shall not be required to demonstrate that 

4 age or an activity protected by subsection (d) was the 

5 sole cause of a practice.’’. 

6 (2) REMEDIES.—Section 7 of such Act (29 

7 U.S.C. 626) is amended— 

8 (A) in subsection (b)— 

9 (i) in the first sentence, by striking 

10 ‘‘The’’ and inserting ‘‘(1) The’’; 

11 (ii) in the third sentence, by striking 

12 ‘‘Amounts’’ and inserting the following: 

13 ‘‘(2) Amounts’’; 

14 (iii) in the fifth sentence, by striking 

15 ‘‘Before’’ and inserting the following: 

16 ‘‘(4) Before’’; and 

17 (iv) by inserting before paragraph (4), 

18 as designated by clause (iii) of this sub19 paragraph, the following: 

20 ‘‘(3) On a claim in which an individual demonstrates 

21 that age was a motivating factor for any employment prac22 tice, under section 4(g)(1), and a respondent demonstrates 

23 that the respondent would have taken the same action in 

24 the absence of the impermissible motivating factor, the 

25 court— 


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1 ‘‘(A) may grant declaratory relief, injunctive re2 lief (except as provided in subparagraph (B)), and at3 torney’s fees and costs demonstrated to be directly at4 tributable only to the pursuit of a claim under section 

5 4(g)(1); and 

6 ‘‘(B) shall not award damages or issue an order 

7 requiring any admission, reinstatement, hiring, pro8 motion, or payment.’’; and 

9 (B) in subsection (c)(1), by striking ‘‘Any’’ 

10 and inserting ‘‘Subject to subsection (b)(3), 

11 any’’. 

12 (3) DEFINITIONS.—Section 11 of such Act (29 

13 U.S.C. 630) is amended by adding at the end the fol14 lowing: 

15 ‘‘(m) The term ‘demonstrates’ means meets the burdens 

16 of production and persuasion.’’. 

17 (4) FEDERAL EMPLOYEES.—Section 15 of such 

18 Act (29 U.S.C. 633a) is amended by adding at the 

19 end the following: 

20 ‘‘(h) Sections 4(g) and 7(b)(3) shall apply to mixed 

21 motive claims (involving practices described in section 

22 4(g)(1)) under this section.’’. 

23 (b) TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.— 

24 (1) CLARIFYING PROHIBITION AGAINST IMPER25 MISSIBLE CONSIDERATION OF RACE, COLOR, RELIVerDate Sep 11 2014 20:56 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1230.RH H1230

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1 GION, SEX, OR NATIONAL ORIGIN IN EMPLOYMENT

2 PRACTICES.—Section 703 of the Civil Rights Act of 

3 1964 (42 U.S.C. 2000e–2) is amended by striking 

4 subsection (m) and inserting the following: 

5 ‘‘(m) Except as otherwise provided in this title, an un6 lawful employment practice is established when the com7 plaining party demonstrates that race, color, religion, sex, 

8 or national origin or an activity protected by section 704(a) 

9 was a motivating factor for any employment practice, even 

10 though other factors also motivated the practice.’’. 

11 (2) FEDERAL EMPLOYEES.—Section 717 of such 

12 Act (42 U.S.C. 2000e–16) is amended by adding at 

13 the end the following: 

14 ‘‘(g) Sections 703(m) and 706(g)(2)(B) shall apply to 

15 mixed motive cases (involving practices described in section 

16 703(m)) under this section.’’. 

17 (c) AMERICANS WITH DISABILITIES ACT OF 1990.— 

18 (1) DEFINITIONS.—Section 101 of the Americans 

19 with Disabilities Act of 1990 (42 U.S.C. 12111) is 

20 amended by adding at the end the following: 

21 ‘‘(11) DEMONSTRATES.—The term ‘demonstrates’ 

22 means meets the burdens of production and persua23 sion.’’. 

24 (2) CLARIFYING PROHIBITION AGAINST IMPER25 MISSIBLE CONSIDERATION OF DISABILITY IN EMPLOYVerDate Sep 11 2014 20:56 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1230.RH H1230

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1 MENT PRACTICES.—Section 102 of such Act (42 

2 U.S.C. 12112) is amended by adding at the end the 

3 following: 

4 ‘‘(e) PROOF.— 

5 ‘‘(1) ESTABLISHMENT.—Except as otherwise pro6 vided in this Act, a discriminatory practice is estab7 lished under this Act when the complaining party 

8 demonstrates that disability or an activity protected 

9 by subsection (a) or (b) of section 503 was a moti10 vating factor for any employment practice, even 

11 though other factors also motivated the practice. 

12 ‘‘(2) DEMONSTRATION.—In establishing a dis13 criminatory practice under paragraph (1) or by any 

14 other method of proof, a complaining party— 

15 ‘‘(A) may rely on any type or form of ad16 missible evidence and need only produce evidence 

17 sufficient for a reasonable trier of fact to find 

18 that a discriminatory practice occurred under 

19 this Act; and 

20 ‘‘(B) shall not be required to demonstrate 

21 that disability or an activity protected by sub22 section (a) or (b) of section 503 was the sole 

23 cause of an employment practice.’’. 


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1 (3) CERTAIN ANTI-RETALIATION CLAIMS.—Sec2 tion 503(c) of such Act (42 U.S.C. 12203(c)) is 

3 amended— 

4 (A) by striking ‘‘The remedies’’ and insert5 ing the following: 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), the remedies’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) CERTAIN ANTI-RETALIATION CLAIMS.—Sec10 tion 107(c) shall apply to claims under section 

11 102(e)(1) with respect to title I.’’. 

12 (4) REMEDIES.—Section 107 of such Act (42 

13 U.S.C. 12117) is amended by adding at the end the 

14 following: 

15 ‘‘(c) DISCRIMINATORY MOTIVATING FACTOR.—On a 

16 claim in which an individual demonstrates that disability 

17 was a motivating factor for any employment practice, 

18 under section 102(e)(1), and a respondent demonstrates 

19 that the respondent would have taken the same action in 

20 the absence of the impermissible motivating factor, the 

21 court— 

22 ‘‘(1) may grant declaratory relief, injunctive re23 lief (except as provided in paragraph (2)), and attor24 ney’s fees and costs demonstrated to be directly attribVerDate Sep 11 2014 20:56 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1230.RH H1230

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1 utable only to the pursuit of a claim under section 

2 102(e)(1); and 

3 ‘‘(2) shall not award damages or issue an order 

4 requiring any admission, reinstatement, hiring, pro5 motion, or payment.’’. 

6 (d) REHABILITATION ACT OF 1973.— 

7 (1) IN GENERAL.—Sections 501(f), 503(d), and 

8 504(d) of the Rehabilitation Act of 1973 (29 U.S.C. 

9 791(f), 793(d), and 794(d)), are each amended by 

10 adding after ‘‘title I of the Americans with Disabil11 ities Act of 1990 (42 U.S.C. 12111 et seq.)’’ the fol12 lowing: ‘‘, including the standards of causation or 

13 methods of proof applied under section 102(e) of that 

14 Act (42 U.S.C. 12112(e)),’’. 

15 (2) FEDERAL EMPLOYEES.—The amendment 

16 made by paragraph (1) to section 501(f) shall be con17 strued to apply to all employees covered by section 

18 501. 

19 SEC. 3. APPLICATION. 

20 This Act, and the amendments made by this Act, shall 

21 apply to all claims pending on or after the date of enact22 ment of this Act. 

23 SEC. 4. SEVERABILITY. 

24 If any provision or portion of a provision of this Act, 

25 an amendment or portion of an amendment made by this 


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1 Act, or the application of any provision or portion thereof 

2 or amendment or portion thereof to particular persons or 

3 circumstances is held invalid or found to be unconstitu4 tional, the remainder of this Act, the amendments made by 

5 this Act, or the application of that provision or portion 

6 thereof or amendment or portion thereof to other persons 

7 or circumstances shall not be affected. 


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pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 295 

116TH CONGRESS 

2D SESSION H. R. 1230 

[Report No. 116–372] 

A BILL 

To amend the Age Discrimination in Employment 

and retaliation claims, and for other purposes. standards for Federal employment discrimination Act of 1967 and other laws to clarify appropriate 

JANUARY 9, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pamtmann on DSKBC07HB2PROD with BILLS