This bill clarifies the standards of proof for employment discrimination and retaliation claims under several key federal statutes, including the Age Discrimination in Employment Act (ADEA) , Title VII of the Civil Rights Act of 1964 , and the Americans with Disabilities Act (ADA) . It establishes a "motivating factor" standard, allowing a complaining party to prove an unlawful practice if they demonstrate that a protected characteristic—such as age, disability, race, color, religion, sex, or national origin—or protected activity was a motivating factor for an employment decision. This standard applies even if other factors also influenced the decision, explicitly stating that the protected characteristic does not need to be the sole cause of the practice. The legislation amends the ADEA and ADA to incorporate this "motivating factor" test, defining "demonstrates" as meeting the burdens of production and persuasion. For these "mixed-motive" claims under the ADEA and ADA, the bill specifies that while declaratory relief, limited injunctive relief, and attorney's fees may be granted, damages or orders for reinstatement, hiring, or promotion are prohibited if the employer proves they would have taken the same action regardless of the impermissible factor. It also revises Title VII's mixed-motive provision to align with this standard and extends these clarified causation and proof standards to claims under the Rehabilitation Act of 1973 , ensuring consistency across disability discrimination claims. These provisions are applicable to all federal employees and to all claims pending on or after the bill's enactment date.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Labor and Employment
Protecting Older Workers Against Discrimination Act
USA119th CongressS-1820| Senate
| Updated: 5/20/2025
This bill clarifies the standards of proof for employment discrimination and retaliation claims under several key federal statutes, including the Age Discrimination in Employment Act (ADEA) , Title VII of the Civil Rights Act of 1964 , and the Americans with Disabilities Act (ADA) . It establishes a "motivating factor" standard, allowing a complaining party to prove an unlawful practice if they demonstrate that a protected characteristic—such as age, disability, race, color, religion, sex, or national origin—or protected activity was a motivating factor for an employment decision. This standard applies even if other factors also influenced the decision, explicitly stating that the protected characteristic does not need to be the sole cause of the practice. The legislation amends the ADEA and ADA to incorporate this "motivating factor" test, defining "demonstrates" as meeting the burdens of production and persuasion. For these "mixed-motive" claims under the ADEA and ADA, the bill specifies that while declaratory relief, limited injunctive relief, and attorney's fees may be granted, damages or orders for reinstatement, hiring, or promotion are prohibited if the employer proves they would have taken the same action regardless of the impermissible factor. It also revises Title VII's mixed-motive provision to align with this standard and extends these clarified causation and proof standards to claims under the Rehabilitation Act of 1973 , ensuring consistency across disability discrimination claims. These provisions are applicable to all federal employees and to all claims pending on or after the bill's enactment date.