(4) FEDERAL EMPLOYEES.—Section 15 of such 
Act (29 U.S.C. 633a) is amended by adding at the 
end the following: 
‘‘(h) The provisions of 623(g) and 626(b)(3) of this 
title shall apply to claims brought under the provisions of 
this section.’’. 
(b) TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.— 
(1) CLARIFYING PROHIBITION AGAINST IMPER-
MISSIBLE CONSIDERATION OF RACE, COLOR, RELI-
GION, SEX, OR NATIONAL ORIGIN IN EMPLOYMENT 
PRACTICES.—Section 703 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–2) is amended by striking 
subsection (m) and inserting the following: 
‘‘(m) Except as otherwise provided in this title, an 
unlawful practice is established when the complaining 
party demonstrates that race, color, religion, sex, national 
origin, or an activity protected by section 2000e–(3)a of 
this title was a motivating factor for any practice, even 
though other factors also motivated the practice.’’. 
(2) FEDERAL
EMPLOYEES.—Section 717 of 
such Act (42 U.S.C. 2000e–16) is amended by add-
ing at the end the following: 
‘‘(g) Sections 2000e–2(m) and 2000e–5(g)(2)(B) of 
this title shall apply to claims brought under the provi-
sions of this section.’’. 
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(c) AMERICANS WITH DISABILITIES ACT OF 1990.— 
(1) DEFINITIONS.—Section 101 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12111) is amended by adding at the end the fol-
lowing: 
‘‘(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 chapter, a discriminatory practice is 
established under this chapter when the complaining 
party demonstrates that disability or an activity pro-
tected by subsection (a) or (b) of section 12203 of 
this title was a motivating factor for any practice, 
even though other factors also motivated the prac-
tice.’’. 
(3) CERTAIN ANTI-RETALIATION CLAIMS.—Sec-
tion 503(c) of such Act (42 U.S.C. 12203(c)) is 
amended— 
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(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 12117(c) shall apply to claims under section 
12112(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 proves a violation under sec-
tion 12112(e)(1) of this title, and a respondent dem-
onstrates that the respondent would have taken the same 
action in the absence of the impermissible motivating fac-
tor, the court— 
‘‘(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 12112(e)(1); and 
‘‘(2) shall not award damages or issue an order 
requiring any admission, reinstatement, hiring, pro-
motion, or payment.’’. 
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(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 ‘‘title I of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12111 et seq.)’’ the fol-
lowing: ‘‘, 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) of the Re-
habilitation Act of 1973 (29 U.S.C. 791(f)) shall be 
construed to apply to all employees covered by sec-
tion 501 of that Act (29 U.S.C. 791). 
SEC. 3. 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. 
SEC. 4. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made 
by this Act, and the application of the provisions of such 
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to any person or circumstance shall not be affected there-
by 
Æ 
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