Protecting Older Workers Against Discrimination Act

Bill: 116-hr-1230
Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Introduced: 2019-02-14 in the House
Policy area: Labor and Employment
Subjects: Age discrimination
Civil actions and liability
Congressional oversight
Disability and health-based discrimination
Employment discrimination and employee rights
Evidence and witnesses
Government employee pay, benefits, personnel management
Government studies and investigations
Racial and ethnic relations
Sex, gender, sexual orientation discrimination
Women's employment

Summary:
action_date: 2019-02-14
text: 

Protecting Older Workers Against Discrimination Act

 
This bill amends the Age Discrimination in Employment Act of 1967 to establish an unlawful employment practice when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims).
 
The bill (1) permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in 
Gross v. FBL Financial Services, Inc.
, which requires a complainant to prove that age was the "but-for" cause for the employer's decision).
 
The bill authorizes a court in a claim in which age discrimination is shown to grant declaratory and injunctive relief, but prohibits a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment.
 
The bill applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.

action_date: 2020-01-09
text: 

Protecting Older Workers Against Discrimination Act

 
This bill amends the Age Discrimination in Employment Act of 1967 to establish an unlawful employment practice when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims).
 
The bill (1) permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in 
Gross v. FBL Financial Services, Inc.
, which requires a complainant to prove that age was the "but-for" cause for the employer's decision).
 
The bill authorizes a court in a claim in which age discrimination is shown to grant declaratory and injunctive relief, but prohibits a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment.
 
The bill applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.

action_date: 2020-01-15
text: 

Protecting Older Workers Against Discrimination Act

 
(Sec. 2) This bill amends the Age Discrimination in Employment Act of 1967 to establish as an unlawful employment practice that age or participation in investigations, proceedings, or litigation under such Act were a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known as 
mixed motive
 claims).
 
The bill (1) permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in 
Gross v. FBL Financial Services, Inc.
, which requires a complainant to prove that age was the 
but-for
 cause for the employer's decision).
 
The bill authorizes a court to grant declaratory and injunctive relief, but prohibits a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment.
 
The bill applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.
 
(Sec. 5) The Government Accountability Office shall report on how the Equal Employment Opportunity Commission (EEOC) investigates mixed motive age discrimination claims arising under all such Acts amended by this bill. 
 
(Sec. 6) The Department of Labor and the EEOC shall jointly conduct a study to determine the number of claims pending or filed, in addition to cases closed, by women who may have been adversely impacted by age discrimination as a motivating factor in workplace discrimination or employment termination. 
 
(Sec. 7). The EEOC, for a five-year period, shall submit to Congress a report at one-year intervals on the number of age discrimination in employment claims brought under this bill.
 
(Sec. 8) The EEOC shall report on the status of federal mixed motive age discrimination in employment claims made against federal agencies. 


Legislative actions:
action_date: 2020-01-16
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2020-01-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-01-15
text: On passage Passed by recorded vote: 261 - 155 (Roll no. 21).
action_date: 2020-01-15
text: Passed/agreed to in House: On passage Passed by recorded vote: 261 - 155 (Roll no. 21).
action_date: 2020-01-15
text: On motion to recommit with instructions Failed by recorded vote: 196 - 220 (Roll no. 20).
action_date: 2020-01-15
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2020-01-15
text: Floor summary: DEBATE - The House proceeded wiht 10 minutes of debate on the Smucker motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding at the end of the bill a new section pertaining to Rule of Construction which states nothing in the Act shall be construed to alter the status of a truck driver as an independent contractor if the truck driver is currently considered to be an independent contractor under Federal law.
action_date: 2020-01-15
text: Mr. Smucker moved to recommit with instructions to the Committee on Education and Labor. (text: CR H271)
action_date: 2020-01-15
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2020-01-15
text: The previous question was ordered pursuant to the rule.
action_date: 2020-01-15
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1230.
action_date: 2020-01-15
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2020-01-15
text: Considered as unfinished business. (consideration: CR H270-274)
action_date: 2020-01-15
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1230 as unfinished business.
action_date: 2020-01-15
text: On motion that the committee rise Agreed to by voice vote.
action_date: 2020-01-15
text: Mr. Scott (VA) moved that the committee rise.
action_date: 2020-01-15
text: DEBATE - Pursuant to the provisions of H. Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Tlaib amendment No. 5.
action_date: 2020-01-15
text: DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Brown (MD) amendment No. 4.
action_date: 2020-01-15
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Allen amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Allen demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-01-15
text: DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Allen amendment No. 3.
action_date: 2020-01-15
text: DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Rodney Davis (IL) amendment No. 2.
action_date: 2020-01-15
text: DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the DeSaulnier amendment No. 1.
action_date: 2020-01-15
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1230.
action_date: 2020-01-15
text: The Speaker designated the Honorable Henry Cuellar to act as Chairman of the Committee.
action_date: 2020-01-15
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 790 and Rule XVIII.
action_date: 2020-01-15
text: Rule provides for consideration of H.R. 1230 and H.J. Res. 76 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2020-01-15
text: Considered under the provisions of rule H. Res. 790. (consideration: CR H258-270; text: CR H264-265)
action_date: 2020-01-13
text: Rules Committee Resolution H. Res. 790 Reported to House. Rule provides for consideration of H.R. 1230 and H.J. Res. 76 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2020-01-09
text: Placed on the Union Calendar, Calendar No. 295.
action_date: 2020-01-09
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-372.
action_date: 2020-01-09
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-372.
action_date: 2019-06-11
text: Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 18.
action_date: 2019-06-11
text: Committee Consideration and Mark-up Session Held.
action_date: 2019-02-14
text: Referred to the House Committee on Education and Labor.
action_date: 2019-02-14
text: Introduced in House
action_date: 2019-02-14
text: Introduced in House