IB 
Union Calendar No. 295 
116TH CONGRESS 
2D SESSION 
H. R. 1230 
[Report No. 116–372] 
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 
FEBRUARY 14, 2019 
Mr. SCOTT of Virginia (for himself, Mr. SENSENBRENNER, Ms. BONAMICI, 
Mr. KATKO, Mr. HURD of Texas, Ms. ADAMS, Mr. TAKANO, and Mr. 
GROTHMAN) introduced the following bill; which was referred to the Com-
mittee on Education and Labor 
JANUARY 9, 2020 
Additional sponsors: Mr. PHILLIPS, Mr. LEVIN of Michigan, Mr. STAUBER, 
Ms. NORTON, Ms. BASS, Mr. CICILLINE, Mr. RASKIN, Mr. VAN DREW, 
Mr. DESAULNIER, Ms. STEFANIK, Mr. FITZPATRICK, Ms. STEVENS, Mr. 
RODNEY DAVIS of Illinois, Ms. MENG, Miss GONZA´LEZ-COLO´N of Puerto 
Rico, Ms. WILD, Ms. UNDERWOOD, Ms. OMAR, Mr. SABLAN, Mr. HARD-
ER of California, Mrs. LEE of Nevada, Ms. JAYAPAL, Ms. LOFGREN, Mr. 
KHANNA, Mr. ROUDA, Ms. CASTOR of Florida, Ms. HAALAND, Mr. SMITH 
of New Jersey, Mr. SUOZZI, Mrs. TRAHAN, Mr. PAYNE, Mr. CUELLAR, 
Mr. DANNY K. DAVIS of Illinois, Ms. CLARKE of New York, Mr. HIGGINS 
of New York, Mr. GONZALEZ of Texas, Ms. LEE of California, Ms. 
SPANBERGER, Ms. KAPTUR, Ms. MCCOLLUM, Ms. ESHOO, Mr. KILDEE, 
Mr. NEAL, Mr. SIRES, Mr. MALINOWSKI, Mrs. AXNE, Ms. OCASIO-COR-
TEZ, Mr. LIPINSKI, Mr. NADLER, Mr. GRIJALVA, Mr. BLUMENAUER, 
Mrs. DINGELL, Ms. JACKSON LEE, Mr. RICHMOND, Mr. LOWENTHAL, 
Ms. PRESSLEY, Ms. TLAIB, Ms. PINGREE, Mrs. MCBATH, Mr. CASTRO 
of Texas, Mr. LYNCH, Mrs. HAYES, Ms. SHALALA, Mr. ROSE of New 
York, Ms. FINKENAUER, Ms. GARCIA of Texas, Ms. SCHRIER, Mr. NOR-
CROSS, Mr. COURTNEY, Mr. LARSON of Connecticut, Mrs. DAVIS of Cali-
fornia, Mr. CISNEROS, Mr. POCAN, Mr. JOHNSON of Georgia, Mr. 
MORELLE, Mr. FOSTER, Ms. JOHNSON of Texas, Mr. CLEAVER, Mr. 
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COHEN, Mr. CARBAJAL, Mr. TRONE, Ms. WATERS, Ms. WILSON of Flor-
ida, and Mr. CASTEN of Illinois 
JANUARY 9, 2020 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 14, 2019] 
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. 
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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 Work-
ers Against Discrimination Act’’. 
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 amended 
by inserting after subsection (f) the following: 
‘‘(g)(1) Except as otherwise provided in this Act, an 
unlawful practice is established under this Act 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 prac-
tice. 
‘‘(2) In establishing an unlawful practice under this 
Act, including under paragraph (1) or by any other method 
of proof, a complaining party— 
‘‘(A) may rely on any type or form of admissible 
evidence and need only produce evidence sufficient for 
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a reasonable trier of fact to find that an unlawful 
practice occurred under this Act; and 
‘‘(B) shall not be required to demonstrate that 
age or an activity protected by subsection (d) was the 
sole cause of a 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: 
‘‘(3) On a claim in which an individual demonstrates 
that age was a motivating factor for any employment prac-
tice, under section 4(g)(1), and a respondent demonstrates 
that the respondent would have taken the same action in 
the absence of the impermissible motivating factor, the 
court— 
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‘‘(A) may grant declaratory relief, injunctive re-
lief (except as provided in subparagraph (B)), and at-
torney’s fees and costs demonstrated to be directly at-
tributable only to the pursuit of a claim under section 
4(g)(1); and 
‘‘(B) shall not award damages or issue an order 
requiring any admission, reinstatement, hiring, pro-
motion, or payment.’’; and 
(B) in subsection (c)(1), by striking ‘‘Any’’ 
and inserting ‘‘Subject to subsection (b)(3), 
any’’. 
(3) DEFINITIONS.—Section 11 of such Act (29 
U.S.C. 630) is amended by adding at the end the fol-
lowing: 
‘‘(m) The term ‘demonstrates’ means meets the burdens 
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: 
‘‘(h) Sections 4(g) and 7(b)(3) shall apply to mixed 
motive claims (involving practices described in section 
4(g)(1)) under this section.’’. 
(b) TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.— 
(1) CLARIFYING
PROHIBITION
AGAINST
IMPER-
MISSIBLE
CONSIDERATION
OF
RACE, COLOR, RELI-
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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 un-
lawful employment practice is established when the com-
plaining party demonstrates that race, color, religion, sex, 
or national origin or an activity protected by section 704(a) 
was a motivating factor for any employment 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 adding at 
the end the following: 
‘‘(g) Sections 703(m) and 706(g)(2)(B) shall apply to 
mixed motive cases (involving practices described in section 
703(m)) under this section.’’. 
(c) AMERICANS WITH DISABILITIES ACT OF 1990.— 
(1) DEFINITIONS.—Section 101 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12111) is 
amended by adding at the end the following: 
‘‘(11) DEMONSTRATES.—The term ‘demonstrates’ 
means meets the burdens of production and persua-
sion.’’. 
(2) CLARIFYING
PROHIBITION
AGAINST
IMPER-
MISSIBLE CONSIDERATION OF DISABILITY IN EMPLOY-
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MENT
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 pro-
vided in this Act, a discriminatory practice is estab-
lished 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 evidence 
sufficient for a reasonable trier of fact to find 
that a discriminatory practice occurred under 
this Act; and 
‘‘(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.’’. 
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(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.—Sec-
tion 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— 
‘‘(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 attrib-
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utable only to the pursuit of a claim under section 
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 ‘‘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) shall be con-
strued to apply to all employees covered by section 
501. 
SEC. 3. APPLICATION. 
This Act, and the amendments made by this Act, shall 
apply to all claims pending on or after the date of enact-
ment of this Act. 
SEC. 4. SEVERABILITY. 
If any provision or portion of a provision of this Act, 
an amendment or portion of an amendment made by this 
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