Protecting Older Workers Against Discrimination Act

Summary

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.

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Timeline

1. 25 May 2017

   Introduced

   Referred to the House Committee on Education and the Workforce.

   Source: IntroReferral

2. 25 May 2017

   Introduced

   Introduced in House

   Source: IntroReferral

3. 25 May 2017

   Introduced

   Introduced in House

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in House · 25 May 2017 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 25 May 2017

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 25 May 2017

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 25 May 2017

  Open at official source

Sponsors

• Rep. Scott, Robert C. "Bobby" [D-VA-3] · D · Sponsor
• F. SENSENBRENNER · R · Sponsor
• Rep. Takano, Mark [D-CA-39] · D · Sponsor
• David Young · R · Sponsor
• Daniel Donovan · R · Cosponsor
• Jared Polis · D · Cosponsor
• Rep. Clarke, Yvette D. [D-NY-9] · D · Cosponsor
• Rep. Grothman, Glenn [R-WI-6] · R · Cosponsor
• · hsed00 · Standing

Related records

• related to → Protecting Older Workers Against Discrimination Act
• related to → Protecting Older Workers Against Discrimination Act
• related to ← Protecting Older Workers Against Discrimination Act