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118TH CONGRESS 

1ST SESSION H. R. 6581 

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 

DECEMBER 4, 2023 

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

FITZPATRICK, Ms. ADAMS, and Mr. VAN DREW) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

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. 

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 

5 Workers Against Discrimination Act of 2023’’. 

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1 SEC. 2. STANDARDS OF PROOF. 

2 (a) AGE DISCRIMINATION IN EMPLOYMENT ACT OF

3 1967.— 

4 (1) CLARIFYING PROHIBITION AGAINST IMPER5 MISSIBLE CONSIDERATION OF AGE IN EMPLOYMENT

6 PRACTICES.—Section 4 of the Age Discrimination in 

7 Employment Act of 1967 (29 U.S.C. 623) is amend8 ed by inserting after subsection (f) the following: 

9 ‘‘(g) Except as otherwise provided in this chapter, an 

10 unlawful practice is established under this chapter when 

11 the complaining party demonstrates that age or an activity 

12 protected by subsection (d) was a motivating factor for 

13 any practice, even though other factors also motivated the 

14 practice.’’. 

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

16 U.S.C. 626) is amended— 

17 (A) in subsection (b)— 

18 (i) in the first sentence, by striking 

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

20 (ii) in the third sentence, by striking 

21 ‘‘Amounts’’ and inserting the following: 

22 ‘‘(2) Amounts’’; 

23 (iii) in the fifth sentence, by striking 

24 ‘‘Before’’ and inserting the following: 

25 ‘‘(4) Before’’; and 

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

2 as designated by clause (iii) of this sub3 paragraph, the following: 

4 ‘‘(3) On a claim in which an individual proves 

5 a violation under subsection (g) of section 623 of 

6 this title, and a respondent demonstrates that the 

7 respondent would have taken the same action in the 

8 absence of the impermissible motivating factor, the 

9 court— 

10 ‘‘(A) may grant declaratory relief, injunc11 tive relief (except as provided in subparagraph 

12 (B)), and attorney’s fees and costs dem13 onstrated to be directly attributable only to the 

14 pursuit of a claim under subsection 4(g) of sec15 tion 623 of this title; and 

16 ‘‘(B) shall not award damages or issue an 

17 order requiring any admission, reinstatement, 

18 hiring, promotion, or payment.’’; and 

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

20 U.S.C. 630) is amended by adding at the end the 

21 following: 

22 ‘‘(m) The term ‘demonstrates’ means meets the bur23 dens of production and persuasion.’’. 

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

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

3 end the following: 

4 ‘‘(h) The provisions of 623(g) and 626(b)(3) of this 

5 title shall apply to claims brought under the provisions of 

6 this section.’’. 

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

8 (1) CLARIFYING PROHIBITION AGAINST IMPER9 MISSIBLE CONSIDERATION OF RACE, COLOR, RELI10 GION, SEX, OR NATIONAL ORIGIN IN EMPLOYMENT

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

12 1964 (42 U.S.C. 2000e–2) is amended by striking 

13 subsection (m) and inserting the following: 

14 ‘‘(m) Except as otherwise provided in this title, an 

15 unlawful practice is established when the complaining 

16 party demonstrates that race, color, religion, sex, national 

17 origin, or an activity protected by section 2000e–(3)a of 

18 this title was a motivating factor for any practice, even 

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

20 (2) FEDERAL EMPLOYEES.—Section 717 of 

21 such Act (42 U.S.C. 2000e–16) is amended by add22 ing at the end the following: 

23 ‘‘(g) Sections 2000e–2(m) and 2000e–5(g)(2)(B) of 

24 this title shall apply to claims brought under the provi25 sions of this section.’’. 

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

2 (1) DEFINITIONS.—Section 101 of the Ameri3 cans with Disabilities Act of 1990 (42 U.S.C. 

4 12111) is amended by adding at the end the fol5 lowing: 

6 ‘‘(11) DEMONSTRATES.—The term ‘dem7 onstrates’ means meets the burdens of production 

8 and persuasion.’’. 

9 (2) CLARIFYING PROHIBITION AGAINST IMPER10 MISSIBLE CONSIDERATION OF DISABILITY IN EM11 PLOYMENT PRACTICES.—Section 102 of such Act 

12 (42 U.S.C. 12112) is amended by adding at the end 

13 the following: 

14 ‘‘(e) PROOF.— 

15 ‘‘(1) ESTABLISHMENT.—Except as otherwise 

16 provided in this chapter, a discriminatory practice is 

17 established under this chapter when the complaining 

18 party demonstrates that disability or an activity pro19 tected by subsection (a) or (b) of section 12203 of 

20 this title was a motivating factor for any practice, 

21 even though other factors also motivated the prac22 tice.’’. 

23 (3) CERTAIN ANTI-RETALIATION CLAIMS.—Sec24 tion 503(c) of such Act (42 U.S.C. 12203(c)) is 

25 amended— 

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1 (A) by striking ‘‘The remedies’’ and insert2 ing the following: 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), the remedies′′; and (B) by adding at the 

5 end the following: 

6 ‘‘(2) CERTAIN ANTI-RETALIATION CLAIMS.— 

7 Section 12117(c) shall apply to claims under section 

8 12112(e)(1) with respect to title I.’’. 

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

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

11 following: 

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

13 claim in which an individual proves a violation under sec14 tion 12112(e)(1) of this title, and a respondent dem15 onstrates that the respondent would have taken the same 

16 action in the absence of the impermissible motivating fac17 tor, the court— 

18 ‘‘(1) may grant declaratory relief, injunctive re19 lief (except as provided in paragraph (2)), and attor20 ney’s fees and costs demonstrated to be directly at21 tributable only to the pursuit of a claim under sec22 tion 12112(e)(1); and 

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

24 requiring any admission, reinstatement, hiring, pro25 motion, or payment.’’. 

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1 (d) REHABILITATION ACT OF 1973.— 

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

3 504(d) of the Rehabilitation Act of 1973 (29 U.S.C. 

4 791(f), 793(d), and 794(d)), are each amended by 

5 adding after ‘‘title I of the Americans with Disabil6 ities Act of 1990 (42 U.S.C. 12111 et seq.)’’ the fol7 lowing: ‘‘, including the standards of causation or 

8 methods of proof applied under section 102(e) of 

9 that Act (42 U.S.C. 12112(e)),’’. 

10 (2) FEDERAL EMPLOYEES.—The amendment 

11 made by paragraph (1) to section 501(f) of the Re12 habilitation Act of 1973 (29 U.S.C. 791(f)) shall be 

13 construed to apply to all employees covered by sec14 tion 501 of that Act (29 U.S.C. 791). 

15 SEC. 3. APPLICATION. 

16 This Act, and the amendments made by this Act, 

17 shall apply to all claims pending on or after the date of 

18 enactment of this Act. 

19 SEC. 4. SEVERABILITY. 

20 If any provision of this Act, an amendment made by 

21 this Act, or the application of such provision or amend22 ment to any person or circumstance is held to be unconsti23 tutional, the remainder of this Act, the amendments made 

24 by this Act, and the application of the provisions of such 

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1 to any person or circumstance shall not be affected there2 by 

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