119-hr3522

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3522 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3522

 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

 May 20, 2025

 Mr. Scott of Virginia (for himself, Mr. Grothman, Ms. Bonamici, Ms. 
 Adams, Mr. Van Drew, and Mr. Fitzpatrick) introduced the following 
 bill; which was referred to the Committee on Education and 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 2025''.

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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