Protecting Older Workers Against Discrimination Act of 2021

Bill: 117-hr-2062
Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Introduced: 2021-03-18 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: 2021-03-18
text: 

Protecting Older Workers Against Discrimination Act

 
This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as 
mixed motive
 claims).
 
The bill (1) permits the 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 the 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 the complainant to prove that age was the 
but-for
 cause for the employer's decision).
 
The bill applies this evidentiary standard 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.
 
In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability.

action_date: 2021-06-17
text: 

Protecting Older Workers Against Discrimination Act of 2021

 
This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as 
mixed motive
 claims).
 
The bill (1) permits the 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 the 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 the complainant to prove that age was the 
but-for
 cause for the employer's decision).
 
The bill applies this evidentiary standard 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.
 
In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability.

action_date: 2021-06-23
text: 

Protecting Older Workers Against Discrimination Act of 2021

 
This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as 
mixed motive
 claims).
 
The bill (1) permits the 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 the 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 the complainant to prove that age was the 
but-for
 cause for the employer's decision).
 
The bill applies this evidentiary standard 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.
 
In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability.
 
The bill also includes reporting requirements for the Equal Employment Opportunity Commission and the Department of Labor.


Legislative actions:
action_date: 2021-06-24
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2021-06-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2021-06-23
text: On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).
action_date: 2021-06-23
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).
action_date: 2021-06-23
text: The previous question was ordered pursuant to the rule.
action_date: 2021-06-23
text: Motion to reconsider laid on the table. Agreed to without objection.
action_date: 2021-06-23
text: Motion to reconsider laid on the table. Agreed to without objection.
action_date: 2021-06-23
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on the Scott amendment en bloc No. 1 which had been debated earlier and on which further proceedings had been postponed.
action_date: 2021-06-23
text: DEBATE - Pursuant to the provisions of H. Res 486, the House proceeded with 10 minutes of debate on the Davis (IL) amendment.
action_date: 2021-06-23
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Foxx demanded the yeas and nays an d the Chair postponed further proceedings until a time to be announced.
action_date: 2021-06-23
text: DEBATE - Pursuant to the provisions of H. Res 486, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 2.
action_date: 2021-06-23
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mrs. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2021-06-23
text: DEBATE - Pursuant to the provisions of H. Res 486, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 1.
action_date: 2021-06-23
text: DEBATE - The House proceeded with one hour of debate on H.R. 2062.
action_date: 2021-06-23
text: The resolution provides for 1 hour of debate, orders the previous question, and allows a motion to recommit for each measure. Provides that H. Res. 485 is adopted. Provides that anytime through the legislative day of June 25, 2021, the Speaker may entertain motions offered by the Majority Leader or his designee that the House suspend the rules with respect to multiple measures that were the object of motions to suspend the rules on the legislative days of June 22 or 23, and on which the yeas and nays were ordered and further proceedings postponed.
action_date: 2021-06-23
text: Considered under the provisions of rule H. Res. 486. (consideration: CR H3052-3067; text: CR H3052-3053)
action_date: 2021-06-22
text: Rules Committee Resolution H. Res. 486 Reported to House. The resolution provides for 1 hour of debate, orders the previous question, and allows a motion to recommit for each measure. Provides that H. Res. 485 is adopted. Provides that anytime through the legislative day of June 25, 2021, the Speaker may entertain motions offered by the Majority Leader or his designee that the House suspend the rules with respect to multiple measures that were the object of motions to suspend the rules on the legislative days of June 22 or 23, and on which the yeas and nays were ordered and further proceedings postponed.
action_date: 2021-06-17
text: Placed on the Union Calendar, Calendar No. 44.
action_date: 2021-06-17
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-63.
action_date: 2021-06-17
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-63.
action_date: 2021-05-26
text: Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 18.
action_date: 2021-05-26
text: Committee Consideration and Mark-up Session Held.
action_date: 2021-03-18
text: Referred to the House Committee on Education and Labor.
action_date: 2021-03-18
text: Introduced in House
action_date: 2021-03-18
text: Introduced in House