[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6581 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 6581

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2023

  Mr. Scott of Virginia (for himself, Mr. Grothman, Ms. Bonamici, Mr. 
  Fitzpatrick, Ms. Adams, and Mr. Van Drew) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
  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.

    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 ``Protecting Older Workers Against 
Discrimination Act of 2023''.

SEC. 2. STANDARDS OF PROOF.

    (a) Age Discrimination in Employment Act of 1967.--
            (1) Clarifying prohibition against impermissible 
        consideration of age in employment practices.--Section 4 of the 
        Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is 
        amended by inserting after subsection (f) the following:
    ``(g) Except as otherwise provided in this chapter, an unlawful 
practice is established under this chapter when the complaining party 
demonstrates that age or an activity protected by subsection (d) was a 
motivating factor for any practice, even though other factors also 
motivated the practice.''.
            (2) Remedies.--Section 7 of such Act (29 U.S.C. 626) is 
        amended--
                    (A) in subsection (b)--
                            (i) in the first sentence, by striking 
                        ``The'' and inserting ``(1) The'';
                            (ii) in the third sentence, by striking 
                        ``Amounts'' and inserting the following:
            ``(2) Amounts'';
                            (iii) in the fifth sentence, by striking 
                        ``Before'' and inserting the following:
            ``(4) Before''; and
                            (iv) by inserting before paragraph (4), as 
                        designated by clause (iii) of this 
                        subparagraph, the following:
            ``(3) On a claim in which an individual proves a violation 
        under subsection (g) of section 623 of this title, and a 
        respondent demonstrates that the respondent would have taken 
        the same action in the absence of the impermissible motivating 
        factor, the court--
                    ``(A) may grant declaratory relief, injunctive 
                relief (except as provided in subparagraph (B)), and 
                attorney's fees and costs demonstrated to be directly 
                attributable only to the pursuit of a claim under 
                subsection 4(g) of section 623 of this title; and
                    ``(B) shall not award damages or issue an order 
                requiring any admission, reinstatement, hiring, 
                promotion, or payment.''; and
            (3) Definitions.--Section 11 of such Act (29 U.S.C. 630) is 
        amended by adding at the end the following:
    ``(m) The term `demonstrates' means meets the burdens of production 
and persuasion.''.
            (4) Federal employees.--Section 15 of such Act (29 U.S.C. 
        633a) is amended by adding at the end the following:
    ``(h) The provisions of 623(g) and 626(b)(3) of this title shall 
apply to claims brought under the provisions of this section.''.
    (b) Title Vii of the Civil Rights Act of 1964.--
            (1) Clarifying prohibition against impermissible 
        consideration of race, color, religion, sex, or national origin 
        in employment practices.--Section 703 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000e-2) is amended by striking subsection 
        (m) and inserting the following:
    ``(m) Except as otherwise provided in this title, an unlawful 
practice is established when the complaining party demonstrates that 
race, color, religion, sex, national origin, or an activity protected 
by section 2000e-(3)a of this title was a motivating factor for any 
practice, even though other factors also motivated the practice.''.
            (2) Federal employees.--Section 717 of such Act (42 U.S.C. 
        2000e-16) is amended by adding at the end the following:
    ``(g) Sections 2000e-2(m) and 2000e-5(g)(2)(B) of this title shall 
apply to claims brought under the provisions of this section.''.
    (c) Americans With Disabilities Act of 1990.--
            (1) Definitions.--Section 101 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding 
        at the end the following:
            ``(11) Demonstrates.--The term `demonstrates' means meets 
        the burdens of production and persuasion.''.
            (2) Clarifying prohibition against impermissible 
        consideration of disability in employment practices.--Section 
        102 of such Act (42 U.S.C. 12112) is amended by adding at the 
        end the following:
    ``(e) Proof.--
            ``(1) Establishment.--Except as otherwise provided in this 
        chapter, a discriminatory practice is established under this 
        chapter when the complaining party demonstrates that disability 
        or an activity protected by subsection (a) or (b) of section 
        12203 of this title was a motivating factor for any practice, 
        even though other factors also motivated the practice.''.
            (3) Certain anti-retaliation claims.--Section 503(c) of 
        such Act (42 U.S.C. 12203(c)) is amended--
                    (A) by striking ``The remedies'' and inserting the 
                following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        remedies"; and (B) by adding at the end the following:
            ``(2) Certain anti-retaliation claims.--Section 12117(c) 
        shall apply to claims under section 12112(e)(1) with respect to 
        title I.''.
            (4) Remedies.--Section 107 of such Act (42 U.S.C. 12117) is 
        amended by adding at the end the following:
    ``(c) Discriminatory Motivating Factor.--On a claim in which an 
individual proves a violation under section 12112(e)(1) of this title, 
and a respondent demonstrates that the respondent would have taken the 
same action in the absence of the impermissible motivating factor, the 
court--
            ``(1) may grant declaratory relief, injunctive relief 
        (except as provided in paragraph (2)), and attorney's fees and 
        costs demonstrated to be directly attributable only to the 
        pursuit of a claim under section 12112(e)(1); and
            ``(2) shall not award damages or issue an order requiring 
        any admission, reinstatement, hiring, promotion, or payment.''.
    (d) Rehabilitation Act of 1973.--
            (1) In general.--Sections 501(f), 503(d), and 504(d) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 791(f), 793(d), and 
        794(d)), are each amended by adding after ``title I of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et 
        seq.)'' the following: ``, including the standards of causation 
        or methods of proof applied under section 102(e) of that Act 
        (42 U.S.C. 12112(e)),''.
            (2) Federal employees.--The amendment made by paragraph (1) 
        to section 501(f) of the Rehabilitation Act of 1973 (29 U.S.C. 
        791(f)) shall be construed to apply to all employees covered by 
        section 501 of that Act (29 U.S.C. 791).

SEC. 3. APPLICATION.

    This Act, and the amendments made by this Act, shall apply to all 
claims pending on or after the date of enactment of this Act.

SEC. 4. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby
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