I 
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 discrimina-
tion 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 Work-
force 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Older 
Workers Against Discrimination Act of 2023’’. 
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SEC. 2. STANDARDS OF PROOF. 
(a) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 
1967.— 
(1) CLARIFYING PROHIBITION AGAINST IMPER-
MISSIBLE CONSIDERATION OF AGE IN EMPLOYMENT 
PRACTICES.—Section 4 of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623) is amend-
ed by inserting after subsection (f) the following: 
‘‘(g) Except as otherwise provided in this chapter, an 
unlawful practice is established under this chapter when 
the complaining party demonstrates that age or an activity 
protected by subsection (d) was a motivating factor for 
any practice, even though other factors also motivated the 
practice.’’. 
(2) REMEDIES.—Section 7 of such Act (29 
U.S.C. 626) is amended— 
(A) in subsection (b)— 
(i) in the first sentence, by striking 
‘‘The’’ and inserting ‘‘(1) The’’; 
(ii) in the third sentence, by striking 
‘‘Amounts’’ and inserting the following: 
‘‘(2) Amounts’’; 
(iii) in the fifth sentence, by striking 
‘‘Before’’ and inserting the following: 
‘‘(4) Before’’; and 
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(iv) by inserting before paragraph (4), 
as designated by clause (iii) of this sub-
paragraph, the following: 
‘‘(3) On a claim in which an individual proves 
a violation under subsection (g) of section 623 of 
this title, and a respondent demonstrates that the 
respondent would have taken the same action in the 
absence of the impermissible motivating factor, the 
court— 
‘‘(A) may grant declaratory relief, injunc-
tive relief (except as provided in subparagraph 
(B)), and attorney’s fees and costs dem-
onstrated to be directly attributable only to the 
pursuit of a claim under subsection 4(g) of sec-
tion 623 of this title; and 
‘‘(B) shall not award damages or issue an 
order requiring any admission, reinstatement, 
hiring, promotion, or payment.’’; and 
(3) DEFINITIONS.—Section 11 of such Act (29 
U.S.C. 630) is amended by adding at the end the 
following: 
‘‘(m) The term ‘demonstrates’ means meets the bur-
dens of production and persuasion.’’. 
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