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