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United States · Bill · HR

H.R. 2062 (117th)

Protecting Older Workers Against Discrimination Act of 2021

referredUnited States· United States Congress· EN

Introduced

18 March 2021

Last action

24 June 2021 · Introduced

Status

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

Rep. Scott, Robert C. "Bobby" [D-VA-3], Rodney Davis, Rep. Bonamici, Suzanne [D-OR-1], Rep. Fitzpatrick, Brian K. [R-PA-1], Alma Adams, John Katko, Cynthia Axne, Jenniffer González-Colón, Marie Newman, Jefferson Van Drew, Alan Lowenthal, Rep. Grothman, Glenn [R-WI-6], Susan Wild, Trey Hollingsworth, Del. Norton, Eleanor Holmes [D-DC-At Large], Joseph Morelle, Rep. Garcia, Sylvia R. [D-TX-29], Rep. Dingell, Debbie [D-MI-6], Rep. Cohen, Steve [D-TN-9], Jahana Hayes, Rep. Schakowsky, Janice D. [D-IL-9], Rep. Pingree, Chellie [D-ME-1], David Cicilline, Michael Turner, DON YOUNG, Rep. Salazar, Maria Elvira [R-FL-27], Rep. Doggett, Lloyd [D-TX-37], Rep. DeSaulnier, Mark [D-CA-10], Frederica Wilson, Bennie Thompson, Mark Takano, Rep. Mfume, Kweisi [D-MD-7], Rep. Khanna, Ro [D-CA-17], Rep. Omar, Ilhan [D-MN-5], Mondaire Jones, Kathy Manning, Andy Levin, Donald Norcross, Kaiali'i Kahele, Gregorio Sablan, Rep. Courtney, Joe [D-CT-2], Rep. Jayapal, Pramila [D-WA-7], Mikie Sherrill, Rep. Pocan, Mark [D-WI-2], Haley Stevens, Adriano Espaillat, Rep. McBath, Lucy [D-GA-6], Don Bacon

Subjects

Discovery layer

Source updated

5 December 2025

Summary

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 18 March 2021

    Introduced

    Referred to the House Committee on Education and Labor.

    Source: IntroReferral

  2. 18 March 2021

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 18 March 2021

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 26 May 2021

    Vote

    Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 18.

    Source: Committee

  5. 26 May 2021

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  6. 17 June 2021

    Calendars

    Placed on the Union Calendar, Calendar No. 44.

    Source: Calendars

  7. 17 June 2021

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-63.

    Source: Committee

  8. 17 June 2021

    Reported

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-63.

    Source: Committee

  9. 22 June 2021

    Vote

    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.

    Source: Floor

  10. 23 June 2021

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

  11. 23 June 2021

    Vote

    On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).

    Source: Floor

  12. 23 June 2021

    Vote

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).

    Source: Floor

  13. 23 June 2021

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

  14. 23 June 2021

    Vote

    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.

    Source: Floor

  15. 23 June 2021

    Floor

    Considered under the provisions of rule H. Res. 486. (consideration: CR H3052-3067; text: CR H3052-3053)

    Source: Floor

  16. 24 June 2021

    Introduced

    Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

    Source: IntroReferral

Votes

23 June 2021 · passed · On Passage · Passed · Official source

Yes 247 · No 178 · Abstain · Absent/not voting 5

Showing the first 8 recorded positions. Vote totals above are complete.

Versions

Documents

11 official files

Referred in Senate (text)

View fileDownload file

Sponsors

Showing 48 of 115 sponsors and actors.

Related records

Sources

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