I 
119TH CONGRESS 
1ST SESSION H. R. 3522 
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 
MAY 20, 2025 
Mr. SCOTT of Virginia (for himself, Mr. GROTHMAN, Ms. BONAMICI, Ms. 
ADAMS, Mr. VAN DREW, and Mr. FITZPATRICK) introduced the following 
bill; which was referred to the Committee on Education and 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. 
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 2025’’. 
SEC. 2. STANDARDS OF PROOF. 
(a) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 
1967.— 
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(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 
(iv) by inserting before paragraph (4), 
as designated by clause (iii) of this sub-
paragraph, the following: 
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‘‘(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.’’. 
(4) FEDERAL EMPLOYEES.—Section 15 of such 
Act (29 U.S.C. 633a) is amended by adding at the 
end the following: 
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‘‘(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.’’. 
(c) AMERICANS WITH DISABILITIES ACT OF 1990.— 
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(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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