[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8381 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8381

   To prohibit employers from asking the age or date of birth of an 
 individual before the completion and submission of an application for 
                     employment by such individual.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2020

Ms. Garcia of Texas (for herself, Ms. Wild, and Mrs. Hayes) introduced 
 the following bill; which was referred to the Committee on Education 
                               and Labor

_______________________________________________________________________

                                 A BILL


 
   To prohibit employers from asking the age or date of birth of an 
 individual before the completion and submission of an application for 
                     employment by such individual.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Older Job Applicants Act'' 
or the ``POJA Act''.

SEC. 2. PROHIBITION AGAINST ASKING THE AGE OR DATE OF BIRTH BEFORE THE 
              COMPLETION AND SUBMISSION OF THE APPLICATION FOR 
              EMPLOYMENT.

    Section 4(a) of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 623(a)) is amended--
            (1) in paragraph (2) by striking the ``or'' at the end,
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; or'', and
            (3) by adding at the end the following:
            ``(4) to ask the age or date of birth of an individual 
        before the completion and submission of an application for 
        employment by such individual.''.

SEC. 3. PROHIBITION AGAINST LIMITING, SEGREGATING, OR CLASSIFYING 
              APPLICANTS FOR EMPLOYMENT.

    Section 4(a)(2) of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 623(a)(2)) is amended--
            (1) by inserting ``or applicants for employment'' after 
        ``employees'', and
            (2) by inserting ``or as an applicant for employment'' 
        after ``employee''.

SEC. 4. DAMAGES FOR REQUESTING THE AGE OR DATE OF BIRTH AT THE TIME OF 
              APPLICATION.

    Section 7 of the Age Discrimination in Employment Act of 1967 (29 
U.S.C. 626) is amended--
            (1) in subsection (b) by inserting ``, except where a 
        remedy is provided in subsection (g)'' after ``of this 
        section'', and
            (2) by adding at the end the following:
    ``(g) The amount owing to an applicant for employment for a 
violation of paragraph (2) or (4) of section 4(a) shall be $5,000 in 
lieu of any other amounts owing under this Act for such violation.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 1 year after the 
date of the enactment of this Act.
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