Protecting Older Workers Against Discrimination Act

Bill: 116-hr-1230
Sponsor: full_name: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Introduced: 2019-02-14
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
Latest action: action_date: 2020-01-16
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2019-02-14
action_desc: Introduced in House
text: <p><strong>Protecting Older Workers Against Discrimination Act</strong></p> <p>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).</p> <p>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 <em>Gross v. FBL Financial Services, Inc.</em>, which requires a complainant to prove that age was the "but-for" cause for the employer's decision).</p> <p>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.</p> <p>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.</p>

action_date: 2020-01-09
action_desc: Reported to House
text: <p><strong>Protecting Older Workers Against Discrimination Act</strong></p> <p>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).</p> <p>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 <em>Gross v. FBL Financial Services, Inc.</em>, which requires a complainant to prove that age was the "but-for" cause for the employer's decision).</p> <p>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.</p> <p>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.</p>

action_date: 2020-01-15
action_desc: Passed House
text: <p><strong>Protecting Older Workers Against Discrimination Act</strong></p> <p>(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 <i>mixed motive</i> claims).</p> <p>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 <em>Gross v. FBL Financial Services, Inc.</em>, which requires a complainant to prove that age was the <i>but-for</i> cause for the employer's decision).</p> <p>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.</p> <p>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.</p> <p>(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. </p> <p>(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. </p> <p>(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.</p> <p>(Sec. 8) The EEOC shall report on the status of federal mixed motive age discrimination in employment claims made against federal agencies. </p>

tv_txt: I 116th CONGRESS 1st Session H. R. 1230 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 Committee on Education and Labor 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.

1. Short title This Act may be cited as the Protecting Older Workers Against Discrimination Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) In enacting section 107 of the Civil Rights Act of 1991 (adding section 703(m) of the Civil Rights Act of 1964), Congress reaffirmed its understanding that unlawful discrimination is often difficult to detect and prove because those who discriminate do not usually admit their discrimination and often try to conceal their true motives. Section 703(m) of the Civil Rights Act of 1964 expressly approved so-called mixed motive claims, providing that an unlawful employment practice is established when a protected characteristic was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Congress enacted amendments to other civil rights statutes, including the Age Discrimination in Employment Act of 1967 (referred to in this section as the ADEA ), the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973, but Congress did not expressly amend those statutes to address mixed motive discrimination. (3) In the case of Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), the Supreme Court held that, because Congress did not expressly amend the ADEA to address mixed motive claims, such claims were unavailable under the ADEA, and instead the complainant bears the burden of proving that a protected characteristic or protected activity was the but for cause of an unlawful employment practice. This decision has significantly narrowed the scope of protections afforded by the statutes that were not expressly amended in 1991 to address mixed motive claims. (b) Purposes The purposes of this Act are— (1) to clarify congressional intent that mixed motive claims shall be available, and that a complaining party need not prove that a protected characteristic or protected activity was the but for cause of an unlawful employment practice, under the ADEA and similar civil rights provisions; (2) to reject the Supreme Court’s reasoning in the Gross decision that Congress’ failure to amend any statute other than title VII of the Civil Rights Act of 1964 (with respect to discrimination claims), in enacting section 107 of the Civil Rights Act of 1991, suggests that Congress intended to disallow mixed motive claims under other statutes; and (3) to clarify that complaining parties— (A) may rely on any type or form of admissible evidence to establish their claims of an unlawful employment practice; (B) are not required to demonstrate that the protected characteristic or activity was the sole cause of the employment practice; and (C) may demonstrate an unlawful employment practice through any available method of proof or analytical framework. 3. Standards of proof (a) Age discrimination in employment Act of 1967 (1) Clarifying prohibition against impermissible 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 practice. (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 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 subparagraph, the following: (3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, 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— (A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 following: (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 impermissible consideration of race, color, religion, 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 employment practice is established under this title when the complaining 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 persuasion. . (2) Clarifying prohibition against impermissible consideration of disability in employment 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 Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Demonstration In establishing a discriminatory practice 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 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 subsection (a) or (b) of section 503 was the sole cause of an employment practice. . (3) Certain anti-retaliation claims Section 503(c) of such Act ( 42 U.S.C. 12203(c) ) is amended— (A) by striking The remedies and inserting the following: (1) In general Except as provided in paragraph (2), the remedies ; and (B) by adding at the end the following: (2) Certain anti-retaliation claims Section 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 relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 the words title I of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq.) the following: , 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 construed to apply to all employees covered by section 501. 4. 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.

tv_txt: I 116th CONGRESS 2d Session H. R. 1230 IN THE HOUSE OF REPRESENTATIVES AN ACT 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.

1. Short title This Act may be cited as the Protecting Older Workers Against Discrimination Act . 2. Standards of proof (a) Age discrimination in employment Act of 1967 (1) Clarifying prohibition against impermissible 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 practice. (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 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 subparagraph, the following: (3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, 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— (A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 following: (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 impermissible consideration of race, color, religion, 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 employment practice is established when the complaining 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 persuasion. . (2) Clarifying prohibition against impermissible consideration of disability in employment 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 Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Demonstration In establishing a discriminatory practice 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 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 subsection (a) or (b) of section 503 was the sole cause of an employment practice. . (3) Certain anti-retaliation claims Section 503(c) of such Act ( 42 U.S.C. 12203(c) ) is amended— (A) by striking The remedies and inserting the following: (1) In general Except as provided in paragraph (2), the remedies ; and (B) by adding at the end the following: (2) Certain anti-retaliation claims Section 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 relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq.) the following: , 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 construed to apply to all employees covered by section 501. 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. 4. Severability If any provision or portion of a provision of this Act, an amendment or portion of an amendment made by this Act, or the application of any provision or portion thereof or amendment or portion thereof to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision or portion thereof or amendment or portion thereof to other persons or circumstances shall not be affected. 5. Report by Government Accountability Office Not later than 2 years after the date of the enactment of this Act, the Government Accountability Office shall submit to the Congress a report analyzing how the Equal Employment Opportunity Commission investigates mixed motive age discrimination claims arising under the Acts amended by this Act, focusing on— (1) the ability of the Commission to meet the demands of its workload under such Acts; (2) the plans of the Commission for investigating systemic age discrimination in violation of such Acts; (3) the plans of the Commission for litigation under such Acts; and (4) the options for improving the ability of the Commission to respond to allegations of age discrimination in violation of such Acts. 6. Study and report to Congress Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor and the Equal Opportunity Employment Commission 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. The Secretary of Labor and Chairman of the Commission shall jointly submit to the Congress, and make available to the public, a report that contains the results of the study, including recommendations for best practices to prevent and to combat gender and age discrimination as it relates to women in the workplace. 7. Reports For the 5-year period beginning on the date of the enactment of this Act, the Chairman of Equal Employment Opportunity Commission shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report at 1-year intervals on the number of age discrimination in employment claims brought under this Act with the Equal Employment Opportunity Commission in the period for which such report is submitted. 8. Report by the United States Commission on Civil Rights (a) Report With funds appropriated in advance to carry out this section, and consistent with the operational and procedural requirements of the United States Commission on Civil Rights, the Commission shall submit to the appropriate committees of the Congress a report containing an analysis of the status of Federal mixed motive age discrimination in employment claims made against Federal agencies, including— (1) the number of such claims, specified by the Federal agency against which such claims are made; and (2) other related information the Commission determines to be appropriate. (b) Submission of report The report required by subsection (a) shall be submitted not later that 5 years after the date of the enactment of this Act.

Passed the House of Representatives January 15, 2020. Cheryl L. Johnson, Clerk.

tv_txt: IIB 116th CONGRESS 2d Session H. R. 1230 IN THE SENATE OF THE UNITED STATES January 16, 2020 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT 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.

1. Short title This Act may be cited as the Protecting Older Workers Against Discrimination Act . 2. Standards of proof (a) Age discrimination in employment Act of 1967 (1) Clarifying prohibition against impermissible 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 practice. (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 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 subparagraph, the following: (3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, 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— (A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 following: (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 impermissible consideration of race, color, religion, 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 employment practice is established when the complaining 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 persuasion. . (2) Clarifying prohibition against impermissible consideration of disability in employment 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 Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Demonstration In establishing a discriminatory practice 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 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 subsection (a) or (b) of section 503 was the sole cause of an employment practice. . (3) Certain anti-retaliation claims Section 503(c) of such Act ( 42 U.S.C. 12203(c) ) is amended— (A) by striking The remedies and inserting the following: (1) In general Except as provided in paragraph (2), the remedies ; and (B) by adding at the end the following: (2) Certain anti-retaliation claims Section 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 relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq.) the following: , 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 construed to apply to all employees covered by section 501. 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. 4. Severability If any provision or portion of a provision of this Act, an amendment or portion of an amendment made by this Act, or the application of any provision or portion thereof or amendment or portion thereof to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision or portion thereof or amendment or portion thereof to other persons or circumstances shall not be affected. 5. Report by Government Accountability Office Not later than 2 years after the date of the enactment of this Act, the Government Accountability Office shall submit to the Congress a report analyzing how the Equal Employment Opportunity Commission investigates mixed motive age discrimination claims arising under the Acts amended by this Act, focusing on— (1) the ability of the Commission to meet the demands of its workload under such Acts; (2) the plans of the Commission for investigating systemic age discrimination in violation of such Acts; (3) the plans of the Commission for litigation under such Acts; and (4) the options for improving the ability of the Commission to respond to allegations of age discrimination in violation of such Acts. 6. Study and report to Congress Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor and the Equal Opportunity Employment Commission 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. The Secretary of Labor and Chairman of the Commission shall jointly submit to the Congress, and make available to the public, a report that contains the results of the study, including recommendations for best practices to prevent and to combat gender and age discrimination as it relates to women in the workplace. 7. Reports For the 5-year period beginning on the date of the enactment of this Act, the Chairman of Equal Employment Opportunity Commission shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report at 1-year intervals on the number of age discrimination in employment claims brought under this Act with the Equal Employment Opportunity Commission in the period for which such report is submitted. 8. Report by the United States Commission on Civil Rights (a) Report With funds appropriated in advance to carry out this section, and consistent with the operational and procedural requirements of the United States Commission on Civil Rights, the Commission shall submit to the appropriate committees of the Congress a report containing an analysis of the status of Federal mixed motive age discrimination in employment claims made against Federal agencies, including— (1) the number of such claims, specified by the Federal agency against which such claims are made; and (2) other related information the Commission determines to be appropriate. (b) Submission of report The report required by subsection (a) shall be submitted not later that 5 years after the date of the enactment of this Act.

Passed the House of Representatives January 15, 2020. Cheryl L. Johnson, Clerk

tv_txt: IB Union Calendar No. 295 116th CONGRESS 2d Session H. R. 1230 [Report No. 116–372] 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 Committee 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 González-Colón of Puerto Rico , Ms. Wild , Ms. Underwood , Ms. Omar , Mr. Sablan , Mr. Harder 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-Cortez , 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. Norcross , Mr. Courtney , Mr. Larson of Connecticut , Mrs. Davis of California , Mr. Cisneros , Mr. Pocan , Mr. Johnson of Georgia , Mr. Morelle , Mr. Foster , Ms. Johnson of Texas , Mr. Cleaver , Mr. Cohen , Mr. Carbajal , Mr. Trone , Ms. Waters , Ms. Wilson of Florida , 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.

1. Short title This Act may be cited as the Protecting Older Workers Against Discrimination Act . 2. Standards of proof (a) Age discrimination in employment Act of 1967 (1) Clarifying prohibition against impermissible 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 practice. (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 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 subparagraph, the following: (3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, 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— (A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 following: (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 impermissible consideration of race, color, religion, 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 employment practice is established when the complaining 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 persuasion. . (2) Clarifying prohibition against impermissible consideration of disability in employment 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 Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Demonstration In establishing a discriminatory practice 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 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 subsection (a) or (b) of section 503 was the sole cause of an employment practice. . (3) Certain anti-retaliation claims Section 503(c) of such Act ( 42 U.S.C. 12203(c) ) is amended— (A) by striking The remedies and inserting the following: (1) In general Except as provided in paragraph (2), the remedies ; and (B) by adding at the end the following: (2) Certain anti-retaliation claims Section 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 relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable 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, promotion, 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 Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq.) the following: , 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 construed to apply to all employees covered by section 501. 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. 4. Severability If any provision or portion of a provision of this Act, an amendment or portion of an amendment made by this Act, or the application of any provision or portion thereof or amendment or portion thereof to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision or portion thereof or amendment or portion thereof to other persons or circumstances shall not be affected.

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