3.0.0
2062
2023-03-08T20:26:17Z
2023-03-08T20:26:17Z
House
HR
2021-03-18
117
[Congressional Record Volume 167, Number 51 (Thursday, March 18, 2021)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. SCOTT of Virginia:H.R. 2062.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8 of the Constitution of the UnitedStates.[Page H1584]
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Health, Education, Labor, and Pensions Committee
Senate
Standing
  - Referred to
2021-06-24T15:59:31Z
- hsed00
Education and the Workforce Committee
House
Standing
  - Reported by
2021-06-17T13:08:35Z
  - Markup by
2021-05-26T15:08:01Z
  - Referred to
2021-03-18T16:00:45Z
H. Rept. 117-63

- Protecting Older Workers Against Discrimination Act
117
880
S
2021-03-22
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  - Identical bill
CRS

- Providing for consideration of the bill (H.R. 2062) 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; providing for consideration of the bill (H.R. 239) to amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes; providing for consideration of the bill (H.R. 1443) to amend the Equal Credit Opportunity Act to require the collection of small business loan data related to LGBTQ- owned businesses; providing for consideration of the joint resolution (S.J. Res. 13) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Equal Employment Opportunity Commission relating to Update of Commission’s Conciliation Procedures; providing for consideration of the joint resolution (S.J. Res. 14) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review; providing for consideration of the joint resolution (S.J. Res. 15) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Office of the Comptroller of Currency relating to National Banks and Federal Savings Associations as Lenders; and for other purposes.
117
486
HRES
2021-06-23
Motion to reconsider laid on the table Agreed to without objection.
14:20:05
  - Related bill
House
  - Procedurally-related
House
- 2021-06-24
  - sshr00
Health, Education, Labor, and Pensions Committee
Senate
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
IntroReferral
- 2021-06-23
17:36:06
Motion to reconsider laid on the table Agreed to without objection.
Floor
H38310
2
House floor actions
- 2021-06-23
17:36:03
On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).
Floor
H37100
2
House floor actions
180
https://clerk.house.gov/evs/2021/roll180.xml
House
117
2021-06-23T21:36:03Z
1
- 2021-06-23
17:36:03
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).
Floor
8000
9
Library of Congress
180
https://clerk.house.gov/evs/2021/roll180.xml
House
117
2021-06-23T21:36:03Z
1
- 2021-06-23
17:14:09
The previous question was ordered pursuant to the rule.
Floor
H35000
2
House floor actions
- 2021-06-23
17:13:33
Motion to reconsider laid on the table. Agreed to without objection.
Floor
H8D000
2
House floor actions
- 2021-06-23
16:51:22
Motion to reconsider laid on the table. Agreed to without objection.
Floor
H8D000
2
House floor actions
- 2021-06-23
16:19:55
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.
Floor
H8D000
2
House floor actions
- 2021-06-23
16:15:45
DEBATE - Pursuant to the provisions of H. Res 486, the House proceeded with 10 minutes of debate on the Davis (IL) amendment.
Floor
H8D000
2
House floor actions
- 2021-06-23
16:14:38
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.
Floor
H8D000
2
House floor actions
- 2021-06-23
15:54:13
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.
Floor
H8D000
2
House floor actions
- 2021-06-23
15:52:45
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.
Floor
H8D000
2
House floor actions
- 2021-06-23
15:38:46
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.
Floor
H8D000
2
House floor actions
- 2021-06-23
14:48:59
DEBATE - The House proceeded with one hour of debate on H.R. 2062.
Floor
H8D000
2
House floor actions
- 2021-06-23
14:48:05
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.
Floor
H8D000
2
House floor actions
- 2021-06-23
14:48:00
Considered under the provisions of rule H. Res. 486. (consideration: CR H3052-3067; text: CR H3052-3053)
Floor
H30000
2
House floor actions
- 2021-06-22
18:20:01
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.
Floor
H1L210
2
House floor actions
- 2021-06-17
Placed on the Union Calendar, Calendar No. 44.
Calendars
H12410
2
House floor actions
U00044
- 2021-06-17
Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-63.
Committee
H12200
2
House floor actions
  - hsed00
Education and the Workforce Committee
- 2021-06-17
Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-63.
Committee
5000
9
Library of Congress
  - hsed00
Education and the Workforce Committee
- 2021-05-26
  - hsed00
Education and the Workforce Committee
1
House committee actions
Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 18.
Committee
- 2021-05-26
  - hsed00
Education and the Workforce Committee
1
House committee actions
Committee Consideration and Mark-up Session Held.
Committee
- 2021-03-18
Referred to the House Committee on Education and Labor.
IntroReferral
H11100
2
House floor actions
  - hsed00
Education and the Workforce Committee
- 2021-03-18
Introduced in House
IntroReferral
Intro-H
9
Library of Congress
- 2021-03-18
Introduced in House
IntroReferral
1000
9
Library of Congress
- S000185
Rep. Scott, Robert C. "Bobby" [D-VA-3]
Robert
Scott
D
VA
C. "Bobby"
3
N
- D000619
Rep. Davis, Rodney [R-IL-13]
Rodney
Davis
R
IL
13
2021-03-18
True
- B001278
Rep. Bonamici, Suzanne [D-OR-1]
Suzanne
Bonamici
D
OR
1
2021-03-18
True
- F000466
Rep. Fitzpatrick, Brian K. [R-PA-1]
Brian
Fitzpatrick
R
PA
K.
1
2021-03-18
True
- A000370
Rep. Adams, Alma S. [D-NC-12]
Alma
Adams
D
NC
S.
12
2021-03-18
True
- K000386
Rep. Katko, John [R-NY-24]
John
Katko
R
NY
24
2021-03-18
True
- A000378
Rep. Axne, Cynthia [D-IA-3]
Cynthia
Axne
D
IA
3
2021-03-18
True
- G000582
Resident Commissioner González-Colón, Jenniffer [R-PR-At Large]
Jenniffer
Gonzalez-Colon
R
PR
0
2021-03-18
True
- N000192
Rep. Newman, Marie [D-IL-3]
Marie
Newman
D
IL
3
2021-03-18
True
- V000133
Rep. Van Drew, Jefferson [R-NJ-2]
Jefferson
Van Drew
R
NJ
2
2021-03-18
True
- L000579
Rep. Lowenthal, Alan S. [D-CA-47]
Alan
Lowenthal
D
CA
S.
47
2021-03-18
True
- G000576
Rep. Grothman, Glenn [R-WI-6]
Glenn
Grothman
R
WI
6
2021-03-18
True
- W000826
Rep. Wild, Susan [D-PA-7]
Susan
Wild
D
PA
7
2021-03-18
True
- H001074
Rep. Hollingsworth, Trey [R-IN-9]
Trey
Hollingsworth
R
IN
9
2021-03-18
True
- N000147
Del. Norton, Eleanor Holmes [D-DC-At Large]
ELEANOR
NORTON
D
DC
HOLMES
0
2021-03-19
False
- M001206
Rep. Morelle, Joseph D. [D-NY-25]
Joseph
Morelle
D
NY
D.
25
2021-03-19
False
- G000587
Rep. Garcia, Sylvia R. [D-TX-29]
Sylvia
Garcia
D
TX
R.
29
2021-03-19
False
- D000624
Rep. Dingell, Debbie [D-MI-12]
Debbie
Dingell
D
MI
12
2021-03-19
False
- C001068
Rep. Cohen, Steve [D-TN-9]
Steve
Cohen
D
TN
9
2021-03-19
False
- H001081
Rep. Hayes, Jahana [D-CT-5]
Jahana
Hayes
D
CT
5
2021-03-19
False
- S001145
Rep. Schakowsky, Janice D. [D-IL-9]
JANICE
SCHAKOWSKY
D
IL
D.
9
2021-03-19
False
- P000597
Rep. Pingree, Chellie [D-ME-1]
Chellie
Pingree
D
ME
1
2021-03-19
False
- C001084
Rep. Cicilline, David N. [D-RI-1]
David
Cicilline
D
RI
N.
1
2021-03-26
False
- T000463
Rep. Turner, Michael R. [R-OH-10]
Michael
Turner
R
OH
R.
10
2021-03-26
False
- Y000033
Rep. Young, Don [R-AK-At Large]
DON
YOUNG
R
AK
E.
0
2021-04-01
False
- S000168
Rep. Salazar, Maria Elvira [R-FL-27]
Maria
Salazar
R
FL
Elvira
27
2021-04-21
False
- D000399
Rep. Doggett, Lloyd [D-TX-35]
LLOYD
DOGGETT
D
TX
35
2021-05-12
False
- D000623
Rep. DeSaulnier, Mark [D-CA-11]
Mark
DeSaulnier
D
CA
11
2021-05-12
False
- W000808
Rep. Wilson, Frederica S. [D-FL-24]
Frederica
Wilson
D
FL
S.
24
2021-05-25
False
- T000193
Rep. Thompson, Bennie G. [D-MS-2]
BENNIE
THOMPSON
D
MS
2
2021-05-25
False
- T000472
Rep. Takano, Mark [D-CA-41]
Mark
Takano
D
CA
41
2021-05-25
False
- M000687
Rep. Mfume, Kweisi [D-MD-7]
KWEISI
MFUME
D
MD
7
2021-05-25
False
- K000389
Rep. Khanna, Ro [D-CA-17]
Ro
Khanna
D
CA
17
2021-05-25
False
- O000173
Rep. Omar, Ilhan [D-MN-5]
Ilhan
Omar
D
MN
5
2021-05-25
False
- J000306
Rep. Jones, Mondaire [D-NY-17]
Mondaire
Jones
D
NY
17
2021-05-25
False
- M001135
Rep. Manning, Kathy E. [D-NC-6]
Kathy
Manning
D
NC
E.
6
2021-05-25
False
- L000592
Rep. Levin, Andy [D-MI-9]
Andy
Levin
D
MI
9
2021-05-25
False
- N000188
Rep. Norcross, Donald [D-NJ-1]
Donald
Norcross
D
NJ
1
2021-05-25
False
- K000396
Rep. Kahele, Kaiali'i [D-HI-2]
Kaiali'i
Kahele
D
HI
2
2021-05-25
False
- S001177
Del. Sablan, Gregorio Kilili Camacho [D-MP-At Large]
Gregorio
Sablan
D
MP
Kilili Camacho
0
2021-05-25
False
- C001069
Rep. Courtney, Joe [D-CT-2]
Joe
Courtney
D
CT
2
2021-05-25
False
- J000298
Rep. Jayapal, Pramila [D-WA-7]
Pramila
Jayapal
D
WA
7
2021-05-25
False
- S001207
Rep. Sherrill, Mikie [D-NJ-11]
Mikie
Sherrill
D
NJ
11
2021-05-25
False
- P000607
Rep. Pocan, Mark [D-WI-2]
Mark
Pocan
D
WI
2
2021-05-25
False
- S001215
Rep. Stevens, Haley M. [D-MI-11]
Haley
Stevens
D
MI
M.
11
2021-05-25
False
- E000297
Rep. Espaillat, Adriano [D-NY-13]
Adriano
Espaillat
D
NY
13
2021-05-25
False
- M001208
Rep. McBath, Lucy [D-GA-6]
Lucy
McBath
D
GA
6
2021-05-25
False
- B001298
Rep. Bacon, Don [R-NE-2]
Don
Bacon
R
NE
2
2021-05-25
False
- C001091
Rep. Castro, Joaquin [D-TX-20]
Joaquin
Castro
D
TX
20
2021-05-25
False
- U000031
Rep. Upton, Fred [R-MI-6]
FRED
UPTON
R
MI
6
2021-05-25
False
- L000273
Rep. Leger Fernandez, Teresa [D-NM-3]
Teresa
Leger Fernandez
D
NM
3
2021-06-08
False
- R000585
Rep. Reed, Tom [R-NY-23]
Tom
Reed
R
NY
23
2021-06-08
False
- S000522
Rep. Smith, Christopher H. [R-NJ-4]
CHRISTOPHER
SMITH
R
NJ
H.
4
2021-06-08
False
- S001201
Rep. Suozzi, Thomas R. [D-NY-3]
Thomas
Suozzi
D
NY
R.
3
2021-06-11
False
- Y000062
Rep. Yarmuth, John A. [D-KY-3]
John
Yarmuth
D
KY
A.
3
2021-06-11
False
- T000482
Rep. Trahan, Lori [D-MA-3]
Lori
Trahan
D
MA
3
2021-06-11
False
- M001163
Rep. Matsui, Doris O. [D-CA-6]
Doris
Matsui
D
CA
O.
6
2021-06-11
False
- G000586
Rep. Garcia, Jesus G. "Chuy" [D-IL-4]
Jesus
Garcia
D
IL
G.
4
2021-06-11
False
- B001224
Rep. Bush, Cori [D-MO-1]
Cori
Bush
D
MO
1
2021-06-11
False
- M001143
Rep. McCollum, Betty [D-MN-4]
BETTY
MCCOLLUM
D
MN
4
2021-06-11
False
- B001303
Rep. Blunt Rochester, Lisa [D-DE-At Large]
Lisa
Blunt Rochester
D
DE
0
2021-06-11
False
- C001072
Rep. Carson, Andre [D-IN-7]
Andre
Carson
D
IN
7
2021-06-11
False
- K000381
Rep. Kilmer, Derek [D-WA-6]
Derek
Kilmer
D
WA
6
2021-06-11
False
- J000305
Rep. Jacobs, Sara [D-CA-53]
Sara
Jacobs
D
CA
53
2021-06-11
False
- R000576
Rep. Ruppersberger, C. A. Dutch [D-MD-2]
C. A.
Ruppersberger
D
MD
Dutch
2
2021-06-11
False
- D000216
Rep. DeLauro, Rosa L. [D-CT-3]
ROSA
DELAURO
D
CT
3
2021-06-11
False
- T000486
Rep. Torres, Ritchie [D-NY-15]
Ritchie
Torres
D
NY
15
2021-06-11
False
- P000617
Rep. Pressley, Ayanna [D-MA-7]
Ayanna
Pressley
D
MA
7
2021-06-11
False
- M001203
Rep. Malinowski, Tom [D-NJ-7]
Tom
Malinowski
D
NJ
7
2021-06-11
False
- B000490
Rep. Bishop, Sanford D., Jr. [D-GA-2]
SANFORD
BISHOP
D
GA
D.
2
2021-06-11
False
- T000468
Rep. Titus, Dina [D-NV-1]
Dina
Titus
D
NV
1
2021-06-11
False
- M000087
Rep. Maloney, Carolyn B. [D-NY-12]
CAROLYN
MALONEY
D
NY
B.
12
2021-06-11
False
- K000382
Rep. Kuster, Ann M. [D-NH-2]
Ann
Kuster
D
NH
M.
2
2021-06-11
False
- C001078
Rep. Connolly, Gerald E. [D-VA-11]
Gerald
Connolly
D
VA
E.
11
2021-06-11
False
- G000553
Rep. Green, Al [D-TX-9]
Al
Green
D
TX
9
2021-06-11
False
- M001196
Rep. Moulton, Seth [D-MA-6]
Seth
Moulton
D
MA
6
2021-06-11
False
- U000040
Rep. Underwood, Lauren [D-IL-14]
Lauren
Underwood
D
IL
14
2021-06-11
False
- W000788
Rep. Williams, Nikema [D-GA-5]
Nikema
Williams
D
GA
5
2021-06-11
False
- G000551
Rep. Grijalva, Raúl M. [D-AZ-3]
Raúl
Grijalva
D
AZ
M.
3
2021-06-15
False
- M001137
Rep. Meeks, Gregory W. [D-NY-5]
GREGORY
MEEKS
D
NY
W.
5
2021-06-15
False
- S001175
Rep. Speier, Jackie [D-CA-14]
Jackie
Speier
D
CA
14
2021-06-15
False
- N000015
Rep. Neal, Richard E. [D-MA-1]
RICHARD
NEAL
D
MA
E.
1
2021-06-15
False
- L000581
Rep. Lawrence, Brenda L. [D-MI-14]
Brenda
Lawrence
D
MI
L.
14
2021-06-15
False
- M001185
Rep. Maloney, Sean Patrick [D-NY-18]
Sean
Maloney
D
NY
Patrick
18
2021-06-15
False
- L000551
Rep. Lee, Barbara [D-CA-13]
BARBARA
LEE
D
CA
13
2021-06-15
False
- B001270
Rep. Bass, Karen [D-CA-37]
Karen
Bass
D
CA
37
2021-06-15
False
- S001185
Rep. Sewell, Terri A. [D-AL-7]
Terri
Sewell
D
AL
A.
7
2021-06-15
False
- B001281
Rep. Beatty, Joyce [D-OH-3]
Joyce
Beatty
D
OH
3
2021-06-15
False
- M001214
Rep. Mrvan, Frank J. [D-IN-1]
Frank
Mrvan
D
IN
J.
1
2021-06-15
False
- R000515
Rep. Rush, Bobby L. [D-IL-1]
BOBBY
RUSH
D
IL
L.
1
2021-06-15
False
- W000800
Rep. Welch, Peter [D-VT-At Large]
Peter
Welch
D
VT
0
2021-06-15
False
- G000574
Rep. Gallego, Ruben [D-AZ-7]
Ruben
Gallego
D
AZ
7
2021-06-15
False
- J000288
Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
Henry
Johnson
D
GA
C. "Hank"
4
2021-06-15
False
- B001304
Rep. Brown, Anthony G. [D-MD-4]
Anthony
Brown
D
MD
G.
4
2021-06-15
False
- S001165
Rep. Sires, Albio [D-NJ-8]
Albio
Sires
D
NJ
8
2021-06-15
False
- D000610
Rep. Deutch, Theodore E. [D-FL-22]
Theodore
Deutch
D
FL
E.
22
2021-06-15
False
- S000510
Rep. Smith, Adam [D-WA-9]
ADAM
SMITH
D
WA
9
2021-06-16
False
- C001117
Rep. Casten, Sean [D-IL-6]
Sean
Casten
D
IL
6
2021-06-16
False
- S001168
Rep. Sarbanes, John P. [D-MD-3]
John
Sarbanes
D
MD
P.
3
2021-06-16
False
- D000631
Rep. Dean, Madeleine [D-PA-4]
Madeleine
Dean
D
PA
4
2021-06-16
False
- D000096
Rep. Davis, Danny K. [D-IL-7]
DANNY
DAVIS
D
IL
K.
7
2021-06-16
False
- R000305
Rep. Ross, Deborah K. [D-NC-2]
Deborah
Ross
D
NC
K.
2
2021-06-16
False
- S001159
Rep. Strickland, Marilyn [D-WA-10]
Marilyn
Strickland
D
WA
10
2021-06-16
False
- K000391
Rep. Krishnamoorthi, Raja [D-IL-8]
Raja
Krishnamoorthi
D
IL
8
2021-06-16
False
- H001068
Rep. Huffman, Jared [D-CA-2]
Jared
Huffman
D
CA
2
2021-06-16
False
- K000188
Rep. Kind, Ron [D-WI-3]
RON
KIND
D
WI
3
2021-06-16
False
- S001209
Rep. Spanberger, Abigail Davis [D-VA-7]
Abigail
Spanberger
D
VA
Davis
7
2021-06-17
False
- K000375
Rep. Keating, William R. [D-MA-9]
William
Keating
D
MA
R.
9
2021-06-17
False
- P000608
Rep. Peters, Scott H. [D-CA-52]
Scott
Peters
D
CA
H.
52
2021-06-17
False
- K000380
Rep. Kildee, Daniel T. [D-MI-5]
Daniel
Kildee
D
MI
T.
5
2021-06-17
False
- S001193
Rep. Swalwell, Eric [D-CA-15]
Eric
Swalwell
D
CA
15
2021-06-17
False
- P000523
Rep. Price, David E. [D-NC-4]
DAVID
PRICE
D
NC
E.
4
2021-06-17
False
- P000616
Rep. Phillips, Dean [D-MN-3]
Dean
Phillips
D
MN
3
2021-06-17
False
- 2021-06-16T15:30:00Z

H.R. 2062, Protecting Older Workers Against Discrimination Act of 2021
https://www.cbo.gov/publication/57307
As ordered reported by the House Committee on Education and Labor on May 26, 2021
Labor and Employment
- 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
Labor and Employment
00
2021-03-18
Introduced in House
2021-06-28T17:05:00Z
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.
07
2021-06-17
Reported to House
2023-02-22T16:25:18Z
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.
53
2021-06-23
Passed House
2021-06-30T17:25:04Z
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.

Protecting Older Workers Against Discrimination Act of 2021
- Display Title

Protecting Older Workers Against Discrimination Act of 2021
- Short Title(s) as Reported to House

Protecting Older Workers Against Discrimination Act of 2021
H
House
Reported in House
RH
- Official Title as Introduced

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.
Reported in House
RH
- Short Title(s) as Passed House

Protecting Older Workers Against Discrimination Act of 2021
H
House
Engrossed in House
EH
- Short Title(s) as Introduced

Protecting Older Workers Against Discrimination Act
Introduced in House
IH
- Short Titles as Passed House

Protecting Older Workers Against Discrimination Act of 2021
H
House
60
117
HAMDT
An amendment numbered 4 printed in Part B of House Report 117-71 to require the Secretary of the Department of Labor and the Chair of the Equal Employment Opportunity Commission to conduct a study to determine the number of older adult women who may have been adversely impacted by age discrimination as a motivating factor in workplace discrimination or employment.
2022-02-09T05:54:57Z
2021-06-23
On agreeing to the Davis, Rodney amendment (A004) Agreed to by voice vote.
16:19:21
- D000619
Rep. Davis, Rodney [R-IL-13]
Rodney
Davis
R
IL
13
2021-06-23T04:00:00Z
House of Representatives
117
HR
House
H
2062

Protecting Older Workers Against Discrimination Act of 2021
2023-03-08T20:26:17Z
8
- 2021-06-23
16:19:21
On agreeing to the Davis, Rodney amendment (A004) Agreed to by voice vote.
Floor
H34111
2
House floor actions
- 2021-06-23
16:19:13
The previous question was ordered on the amendment (A004) pursuant to the rule.
Floor
H34180
2
House floor actions
- 2021-06-23
16:15:35
Amendment (A004) offered by Mr. Davis, Rodney. (consideration: CR H3064-3065; text: CR H3064)
Floor
H3A100
2
House floor actions
- 2021-06-23
16:15:35
House amendment offered/reported by: Amendment (A004) offered by Mr. Davis, Rodney.(consideration: CR H3064-3065; text: CR H3064)
NotUsed
71500
9
Library of Congress
- 2021-06-23
House amendment offered
Floor
71000
9
Library of Congress
- 2021-06-23
16:19:21
Amendment agreed to by House: On agreeing to the Davis, Rodney amendment (A004) Agreed to by voice vote.
NotUsed
79000
9
Library of Congress
- 2021-06-23
16:19:21
House amendment agreed to: On agreeing to the Davis, Rodney amendment (A004) Agreed to by voice vote.
Floor
72000
9
Library of Congress
59
117
HAMDT
An amendment comprised of the following amendments printed in Part B of House Report 117-71 as en bloc No. 2: Nos. 2 and 5.
Amendments en bloc No. 2 comprised of amendments numbered 2 and 5, printed in Part B of House Report 117-71.
2022-02-09T05:54:57Z
2021-06-23
On agreeing to the Scott (VA) amendments (A003) Failed by the Yeas and Nays: 182 - 243 (Roll no. 179).
17:13:31
Roll no. 179
https://clerk.house.gov/evs/2021/roll179.xml
- S000185
Rep. Scott, Robert C. "Bobby" [D-VA-3]
Robert
Scott
D
VA
C. "Bobby"
3
2021-06-23T04:00:00Z
House of Representatives
117
HR
House
H
2062

Protecting Older Workers Against Discrimination Act of 2021
2023-03-08T20:26:17Z
House Report 117-71
https://www.congress.gov/congressional-report/117th-congress/house-report/71
9
- 2021-06-23
17:13:31
On agreeing to the Scott (VA) amendments (A003) Failed by the Yeas and Nays: 182 - 243 (Roll no. 179).
Floor
H34111
2
House floor actions
179
House
117
2021-06-23T21:13:31Z
1
https://clerk.house.gov/evs/2021/roll179.xml
- 2021-06-23
16:14:20
The previous question was ordered on the amendment (A003) pursuant to the rule.
Floor
H34180
2
House floor actions
- 2021-06-23
15:53:38
Amendments en bloc (A003) offered by Mr. Scott (VA). (consideration: CR H3062-3064, H3065-3066; text: CR H3062)
Floor
H3A100
2
House floor actions
- 2021-06-23
15:53:38
House amendment offered/reported by: Amendments en bloc (A003) offered by Mr. Scott (VA).(consideration: CR H3062-3064, H3065-3066; text: CR H3062)
NotUsed
71500
9
Library of Congress
- 2021-06-23
House amendment offered
Floor
71000
9
Library of Congress
- 2021-06-23
17:13:31
House amendment not agreed to: On agreeing to the Scott (VA) amendments (A003) Failed by the Yeas and Nays: 182 - 243 (Roll no. 179).
Floor
73000
9
Library of Congress
179
House
117
2021-06-23T21:13:31Z
1
https://clerk.house.gov/evs/2021/roll179.xml
- 2021-06-23
17:13:31
Amendment failed by House: On agreeing to the Scott (VA) amendments (A003) Failed by the Yeas and Nays: 182 - 243 (Roll no. 179).
NotUsed
80000
9
Library of Congress
179
House
117
2021-06-23T21:13:31Z
1
https://clerk.house.gov/evs/2021/roll179.xml
- 2021-06-23
17:13:31
Roll call votes on amendments in House
Floor
75000
9
Library of Congress
179
House
117
2021-06-23T21:13:31Z
1
https://clerk.house.gov/evs/2021/roll179.xml
58
117
HAMDT
An amendment comprised of the following amendments printed in Part B of House Report 117-71 as en bloc No. 1: Nos. 1 and 3.
Amendments en bloc No. 1 comprised of amendments numbered 1 and 3, printed in Part B of House Report 117-71.
2022-02-09T05:54:57Z
2021-06-23
On agreeing to the Scott (VA) amendments (A002) Agreed to by the Yeas and Nays: 231 - 192 (Roll no. 178).
16:51:20
Roll no. 178
https://clerk.house.gov/evs/2021/roll178.xml
- S000185
Rep. Scott, Robert C. "Bobby" [D-VA-3]
Robert
Scott
D
VA
C. "Bobby"
3
2021-06-23T04:00:00Z
House of Representatives
117
HR
House
H
2062

Protecting Older Workers Against Discrimination Act of 2021
2023-03-08T20:26:17Z
House Report 117-71
https://www.congress.gov/congressional-report/117th-congress/house-report/71
9
- 2021-06-23
16:51:20
On agreeing to the Scott (VA) amendments (A002) Agreed to by the Yeas and Nays: 231 - 192 (Roll no. 178).
Floor
H34111
2
House floor actions
178
House
117
2021-06-23T20:51:20Z
1
https://clerk.house.gov/evs/2021/roll178.xml
- 2021-06-23
15:52:20
The previous question was ordered on the amendment (A002) pursuant to the rule.
Floor
H34180
2
House floor actions
- 2021-06-23
15:38:23
Amendments en bloc (A002) offered by Mr. Scott (VA). (consideration: CR H3060-3062, H3065; text: CR H3060)
Floor
H3A100
2
House floor actions
- 2021-06-23
15:38:23
House amendment offered/reported by: Amendments en bloc (A002) offered by Mr. Scott (VA).(consideration: CR H3060-3062, H3065; text: CR H3060)
NotUsed
71500
9
Library of Congress
- 2021-06-23
House amendment offered
Floor
71000
9
Library of Congress
- 2021-06-23
16:51:20
Amendment agreed to by House: On agreeing to the Scott (VA) amendments (A002) Agreed to by the Yeas and Nays: 231 - 192 (Roll no. 178).
NotUsed
79000
9
Library of Congress
178
House
117
2021-06-23T20:51:20Z
1
https://clerk.house.gov/evs/2021/roll178.xml
- 2021-06-23
16:51:20
Roll call votes on amendments in House
Floor
75000
9
Library of Congress
178
House
117
2021-06-23T20:51:20Z
1
https://clerk.house.gov/evs/2021/roll178.xml
- 2021-06-23
16:51:20
House amendment agreed to: On agreeing to the Scott (VA) amendments (A002) Agreed to by the Yeas and Nays: 231 - 192 (Roll no. 178).
Floor
72000
9
Library of Congress
178
House
117
2021-06-23T20:51:20Z
1
https://clerk.house.gov/evs/2021/roll178.xml
57
117
HAMDT
Pursuant to H. Res. 486, the amendment consisting of the text of Rules Committee Print 117-6, modified by the amendment printed in part A of the House Committee Report 117-71 is adopted.
2022-02-09T05:54:57Z
2021-06-23
On agreeing to the Rules amendment (A001) Agreed to without objection.
- Rules Committee
2021-06-23T04:00:00Z
House of Representatives
117
HR
House
H
2062

Protecting Older Workers Against Discrimination Act of 2021
2023-03-08T20:26:17Z
5
- 2021-06-23
On agreeing to the Rules amendment (A001) Agreed to without objection.
72500
9
Library of Congress
- 2021-06-23
Amendment in the nature of a substitute reported by the House Committee on Rules.
72500
9
Library of Congress
- 2021-06-23
House amendment offered
Floor
71000
9
Library of Congress
- 2021-06-23
House amendment agreed to: On agreeing to the Rules amendment (A001) Agreed to without objection.
Floor
72000
9
Library of Congress
- Referred in Senate
2021-06-24T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr2062rfs/xml/BILLS-117hr2062rfs.xml
- Engrossed in House
2021-06-23T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr2062eh/xml/BILLS-117hr2062eh.xml
- Reported in House
2021-06-17T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr2062rh/xml/BILLS-117hr2062rh.xml
- Introduced in House
2021-03-18T04:00:00Z
  - https://www.govinfo.gov/content/pkg/BILLS-117hr2062ih/xml/BILLS-117hr2062ih.xml
2021-06-24
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Congressional Research Service, Library of Congress
This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.