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Protecting Older Workers Against Discrimination Act

USA116th CongressS-485| Senate 
| Updated: 2/14/2019
Robert P. Casey

Robert P. Casey

Democratic Senator

Pennsylvania

Cosponsors (3)
Patrick J. Leahy (Democratic)Susan M. Collins (Republican)Chuck Grassley (Republican)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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 required 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
Feb 14, 2019
Introduced in Senate
Feb 14, 2019
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Jan 16, 2020

Latest Companion Bill Action

HR 116-1230
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • February 14, 2019
    Introduced in Senate


  • February 14, 2019
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • January 16, 2020

    Latest Companion Bill Action

    HR 116-1230
    Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Labor and Employment

Related Bills

  • HR 116-1230: Protecting Older Workers Against Discrimination Act
Age discriminationCivil actions and liabilityDisability and health-based discriminationEmployment discrimination and employee rightsEvidence and witnessesGovernment employee pay, benefits, personnel managementRacial and ethnic relationsSex, gender, sexual orientation discrimination

Protecting Older Workers Against Discrimination Act

USA116th CongressS-485| Senate 
| Updated: 2/14/2019
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 required 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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 14, 2019
Introduced in Senate
Feb 14, 2019
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Jan 16, 2020

Latest Companion Bill Action

HR 116-1230
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • February 14, 2019
    Introduced in Senate


  • February 14, 2019
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • January 16, 2020

    Latest Companion Bill Action

    HR 116-1230
    Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Robert P. Casey

Robert P. Casey

Democratic Senator

Pennsylvania

Cosponsors (3)
Patrick J. Leahy (Democratic)Susan M. Collins (Republican)Chuck Grassley (Republican)

Health, Education, Labor, and Pensions Committee

Labor and Employment

Related Bills

  • HR 116-1230: Protecting Older Workers Against Discrimination Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Age discriminationCivil actions and liabilityDisability and health-based discriminationEmployment discrimination and employee rightsEvidence and witnessesGovernment employee pay, benefits, personnel managementRacial and ethnic relationsSex, gender, sexual orientation discrimination