119-s1820

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1820 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1820

 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 SENATE OF THE UNITED STATES

 May 20, 2025

Ms. Baldwin (for herself, Mr. Grassley, and Mr. Whitehouse) introduced 
the following bill; which was read twice and referred to the Committee 
 on Health, Education, Labor, and Pensions

_______________________________________________________________________

 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''.

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)

    (1) Except as otherwise provided in this Act, an unlawful 
practice is established under this Act 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) In establishing an unlawful practice under this Act, 
including under paragraph

    (1) or by any other method of proof, a 
complaining party--
 ``
        (A) may rely on any type or form of admissible evidence 
 and need only produce evidence sufficient for a reasonable 
 trier of fact to find that an unlawful practice occurred under 
 this Act; and
 ``
        (B) shall not be required to demonstrate that age or an 
 activity protected by subsection
            (d) was the sole cause of a 
 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 demonstrates that age was a 
motivating factor for any employment practice under 

section 4

    (g)

    (1) , 
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 

section 4

    (g)

    (1) ; and
 ``
        (B) shall not award damages or issue an order requiring 
 any admission, reinstatement, hiring, promotion, or payment.''; 
 and
        (B) in subsection
            (c) (1) , by striking ``Any'' and 
 inserting ``Subject to subsection

    (b)

    (3) , any''.

    (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) Sections 4

    (g) and 7

    (b)

    (3) shall apply to mixed motive claims 
(involving practices described in 

section 4

    (g)

    (1) ) under 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 
employment practice is established when the complaining party 
demonstrates that race, color, religion, sex, national origin, or an 
activity protected by 

section 704

    (a) was a motivating factor for any 
employment 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 703
            (m) and 706

    (g)

    (2)
        (B) shall apply to mixed motive 
cases (involving practices described in 

section 703
            (m) ) under 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 
 Act, a discriminatory practice is established under this Act 
 when the complaining party demonstrates that disability or an 
 activity protected by subsection

    (a) or

    (b) of 

section 503 was 
 a motivating factor for any employment practice, even though 
 other factors also motivated the practice.
 ``

    (2) Demonstration.--In establishing a discriminatory 
 practice under paragraph

    (1) or by any other method of proof, a 
 complaining party--
 ``
        (A) may rely on any type or form of admissible 
 evidence and need only produce evidence sufficient for 
 a reasonable trier of fact to find that a 
 discriminatory practice occurred under this Act; and
 ``
        (B) shall not be required to demonstrate that 
 disability or an activity protected by subsection

    (a) or

    (b) of 

section 503 was the sole cause of an 
 employment 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 107
            (c) shall apply to claims under 

section 102

    (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 demonstrates that disability was a motivating factor for any 
employment practice under 

section 102

    (e)

    (1) , 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 102

    (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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