‘‘(11) 
DEMONSTRATES.—The 
term 
‘dem-
onstrates’ means meets the burdens of production 
and persuasion.’’. 
(2) CLARIFYING PROHIBITION AGAINST IMPER-
MISSIBLE
CONSIDERATION
OF
DISABILITY
IN
EM-
PLOYMENT
PRACTICES.—Section 102 of such Act 
(42 U.S.C. 12112) is amended by adding at the end 
the following: 
‘‘(e) PROOF.— 
‘‘(1) ESTABLISHMENT.—Except as otherwise 
provided in this Act, a discriminatory practice is es-
tablished under this Act when the complaining party 
demonstrates that disability or an activity protected 
by subsection (a) or (b) of section 503 was a moti-
vating factor for any employment practice, even 
though other factors also motivated the practice. 
‘‘(2) DEMONSTRATION.—In establishing a dis-
criminatory practice under paragraph (1) or by any 
other method of proof, a complaining party— 
‘‘(A) may rely on any type or form of ad-
missible evidence and need only produce evi-
dence sufficient for a reasonable trier of fact to 
find that a discriminatory practice occurred 
under this Act; and 
VerDate Sep 11 2014 
03:56 Feb 27, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1230.IH
H1230
kjohnson on DSK79L0C42 with BILLS
‘‘(B) shall not be required to demonstrate 
that disability or an activity protected by sub-
section (a) or (b) of section 503 was the sole 
cause of an employment practice.’’. 
(3) CERTAIN ANTI-RETALIATION CLAIMS.—Sec-
tion 503(c) of such Act (42 U.S.C. 12203(c)) is 
amended— 
(A) by striking ‘‘The remedies’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the remedies’’; and 
(B) by adding at the end the following: 
‘‘(2) CERTAIN
ANTI-RETALIATION
CLAIMS.— 
Section 107(c) shall apply to claims under section 
102(e)(1) with respect to title I.’’. 
(4) REMEDIES.—Section 107 of such Act (42 
U.S.C. 12117) is amended by adding at the end the 
following: 
‘‘(c) DISCRIMINATORY MOTIVATING FACTOR.—On a 
claim in which an individual demonstrates that disability 
was a motivating factor for any employment practice, 
under section 102(e)(1), and a respondent demonstrates 
that the respondent would have taken the same action in 
the absence of the impermissible motivating factor, the 
court— 
VerDate Sep 11 2014 
03:56 Feb 27, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1230.IH
H1230
kjohnson on DSK79L0C42 with BILLS
‘‘(1) may grant declaratory relief, injunctive re-
lief (except as provided in paragraph (2)), and attor-
ney’s fees and costs demonstrated to be directly at-
tributable only to the pursuit of a claim under sec-
tion 102(e)(1); and 
‘‘(2) shall not award damages or issue an order 
requiring any admission, reinstatement, hiring, pro-
motion, or payment.’’. 
(d) REHABILITATION ACT OF 1973.— 
(1) IN GENERAL.—Sections 501(f), 503(d), and 
504(d) of the Rehabilitation Act of 1973 (29 U.S.C. 
791(f), 793(d), and 794(d)), are each amended by 
adding after the words ‘‘title I of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12111 et 
seq.)’’ the following: ‘‘, including the standards of 
causation or methods of proof applied under section 
102(e) of that Act (42 U.S.C. 12112(e)),’’. 
(2) FEDERAL
EMPLOYEES.—The amendment 
made by paragraph (1) to section 501(f) shall be 
construed to apply to all employees covered by sec-
tion 501. 
VerDate Sep 11 2014 
03:56 Feb 27, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1230.IH
H1230
kjohnson on DSK79L0C42 with BILLS
SEC. 4. APPLICATION. 
This Act, and the amendments made by this Act, 
shall apply to all claims pending on or after the date of 
enactment of this Act. 
Æ 
VerDate Sep 11 2014 
03:56 Feb 27, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H1230.IH
H1230
kjohnson on DSK79L0C42 with BILLS