<?xml version="1.0" encoding="UTF-8"?><BillSummaries>
<item congress="116" measure-type="hr" measure-number="1230" measure-id="id116hr1230" originChamber="HOUSE" orig-publish-date="2019-02-14" update-date="2021-03-09">
<title>Protecting Older Workers Against Discrimination Act</title>
<summary summary-id="id116hr1230v53" currentChamber="HOUSE" update-date="2021-03-09">
<action-date>2020-01-15</action-date>
<action-desc>Passed House</action-desc>
<summary-text><![CDATA[<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>]]></summary-text>
</summary>
<summary summary-id="id116hr1230v07" currentChamber="HOUSE" update-date="2020-01-22">
<action-date>2020-01-09</action-date>
<action-desc>Reported to House</action-desc>
<summary-text><![CDATA[<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>]]></summary-text>
</summary>
<summary summary-id="id116hr1230v00" currentChamber="HOUSE" update-date="2020-01-16">
<action-date>2019-02-14</action-date>
<action-desc>Introduced in House</action-desc>
<summary-text><![CDATA[<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>]]></summary-text>
</summary>
</item>
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<dc:language>EN</dc:language>
<dc:rights>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.</dc:rights>
<dc:contributor>Congressional Research Service, Library of Congress</dc:contributor>
<dc:description>This file contains bill summaries 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.</dc:description>
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</BillSummaries>
