HR6581-118

1. Short title This Act may be cited as the Protecting Older Workers Against Discrimination Act of 2023.

2. Standards of proof 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: 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. Section 7 of such Act (29 U.S.C. 626) is amended— in subsection (b)— in the first sentence, by striking The and inserting (1) The; in the third sentence, by striking Amounts and inserting the following: Amounts in the fifth sentence, by striking Before and inserting the following: Before by inserting before paragraph (4), as designated by clause (iii) of this subparagraph, the following: 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— 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 shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. Section 11 of such Act (29 U.S.C. 630) is amended by adding at the end the following: The term demonstrates means meets the burdens of production and persuasion. Section 15 of such Act (29 U.S.C. 633a) is amended by adding at the end the following: The provisions of 623(g) and 626(b)(3) of this title shall apply to claims brought under the provisions of this section. 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: 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. Section 717 of such Act (42 U.S.C. 2000e–16) is amended by adding at the end the following: Sections 2000e–2(m) and 2000e–5(g)(2)(B) of this title shall apply to claims brought under the provisions of this section. Section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding at the end the following: The term demonstrates means meets the burdens of production and persuasion. Section 102 of such Act (42 U.S.C. 12112) is amended by adding at the end the following: 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. Section 503(c) of such Act (42 U.S.C. 12203(c)) is amended— by striking The remedies and inserting the following: Except as provided in paragraph (2), the remedies"; and (B) by adding at the end the following: Section 12117(c) shall apply to claims under section 12112(e)(1) with respect to title I. Section 107 of such Act (42 U.S.C. 12117) is amended by adding at the end the following: 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— 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 shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. 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)),. 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). (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)Amounts; (4)Before; and (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 (m)The term demonstrates means meets the burdens of production and persuasion.. (h)The provisions of 623(g) and 626(b)(3) of this title shall apply to claims brought under the provisions of this section.. (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.. (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.. (11)DemonstratesThe term demonstrates means meets the burdens of production and persuasion.. (e)Proof(1)EstablishmentExcept 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.. (1)In generalExcept as provided in paragraph (2), the remedies"; and (B) by adding at the end the following:(2)Certain anti-retaliation claimsSection 12117(c) shall apply to claims under section 12112(e)(1) with respect to title I.. (c)Discriminatory motivating factorOn 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..

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.

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