Protecting Older Workers Against Discrimination Act
Latest action · Feb 14, 2019 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 14, 2019
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 3
Members who signed on, in the order they did. All signed on Feb 14, 2019.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-IA | Chuck Grassley | Original | Feb 14, 2019 |
| D-VT | Patrick J. Leahy | Original | Feb 14, 2019 |
| R-ME | Susan M. Collins | Original | Feb 14, 2019 |
Actions 2
Everything that happened, newest first.
- Feb 14, 2019Introduced in Senate
- Feb 14, 2019Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 1230 | Protecting Older Workers Against Discrimination Act | Identical bill | Jan 16, 2020 |
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
- Age discrimination
- Civil actions and liability
- Disability and health-based discrimination
- Employment discrimination and employee rights
- Evidence and witnesses
- Government employee pay, benefits, personnel management
- Labor and Employment
- Racial and ethnic relations
- Sex, gender, sexual orientation discrimination
Text 1
Each version as it was printed, newest first.
- Feb 14, 2019Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.
