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Protecting Older Workers Against Discrimination Act

USA118th CongressS-1030| Senate 
| Updated: 3/29/2023
Robert P. Casey

Robert P. Casey

Democratic Senator

Pennsylvania

Cosponsors (6)
Margaret Wood Hassan (Democratic)Sheldon Whitehouse (Democratic)Tammy Baldwin (Democratic)Susan M. Collins (Republican)Chuck Grassley (Republican)Lisa Murkowski (Republican)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
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Timeline

Bill from Previous Congress

S 117-880
Protecting Older Workers Against Discrimination Act

Bill from Previous Congress

S 116-485
Protecting Older Workers Against Discrimination Act
Mar 29, 2023
Introduced in Senate
Mar 29, 2023
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Dec 4, 2023

Latest Companion Bill Action

HR 118-6581
Introduced in House
  • Bill from Previous Congress

    S 117-880
    Protecting Older Workers Against Discrimination Act


  • Bill from Previous Congress

    S 116-485
    Protecting Older Workers Against Discrimination Act


  • March 29, 2023
    Introduced in Senate


  • March 29, 2023
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • December 4, 2023

    Latest Companion Bill Action

    HR 118-6581
    Introduced in House

Labor and Employment

Related Bills

  • HR 118-6581: Protecting Older Workers Against Discrimination Act of 2023
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 discriminationWomen's employment

Protecting Older Workers Against Discrimination Act

USA118th CongressS-1030| Senate 
| Updated: 3/29/2023
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.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 117-880
Protecting Older Workers Against Discrimination Act

Bill from Previous Congress

S 116-485
Protecting Older Workers Against Discrimination Act
Mar 29, 2023
Introduced in Senate
Mar 29, 2023
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Dec 4, 2023

Latest Companion Bill Action

HR 118-6581
Introduced in House
  • Bill from Previous Congress

    S 117-880
    Protecting Older Workers Against Discrimination Act


  • Bill from Previous Congress

    S 116-485
    Protecting Older Workers Against Discrimination Act


  • March 29, 2023
    Introduced in Senate


  • March 29, 2023
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • December 4, 2023

    Latest Companion Bill Action

    HR 118-6581
    Introduced in House
Robert P. Casey

Robert P. Casey

Democratic Senator

Pennsylvania

Cosponsors (6)
Margaret Wood Hassan (Democratic)Sheldon Whitehouse (Democratic)Tammy Baldwin (Democratic)Susan M. Collins (Republican)Chuck Grassley (Republican)Lisa Murkowski (Republican)

Health, Education, Labor, and Pensions Committee

Labor and Employment

Related Bills

  • HR 118-6581: Protecting Older Workers Against Discrimination Act of 2023
  • 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 discriminationWomen's employment