#aafth ,,congress #b;d ,session ,h4 ,r4 #abcj ,,an ,,act ,to amend the ,age ,discrimination in ,employment ,act of #aifg and other laws to clarify appropriate standards for ,federal employment discrimination and retaliation claims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,older ,workers ,against ,discrimination ,act4 #b4 ,standards of proof 7a7 ,age discrimination in employment ,act of #aifg 7#a7 ,clarifying prohibition against impermissible consideration of age in employment practices ,section #d of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7 is amended by inserting after subsection 7f7 the following3 7g7 7#a7 ,except as otherwise provided in this ,act1 an unlawful practice is established under this ,act when the complaining party demonstrates that age or an activity protected by subsection 7d7 was a motivating factor for any practice1 even though other factors also motivated the practice4 7#b7 ,in establishing an unlawful practice under this ,act1 including under paragraph 7#a7 or by any other method of proof1 a complaining party-- 7,a7 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 ,act2 and 7,b7 shall not be required to demonstrate that age or an activity protected by subsection 7d7 was the sole cause of a practice4 4 7#b7 ,remedies ,section #g of such ,act 7#bi ,u4,s4,c4 #fbf7 is amended-- 7,a7 in subsection 7b7-- 7i7 in the first sentence1 by striking ,the and inserting 7#a7 ,the2 7ii7 in the third sentence1 by striking ,amounts and inserting the following3 7#b7 ,amounts 2 7iii7 in the fifth sentence1 by striking ,before and inserting the following3 7#d7 ,before 2 and 7iv7 by inserting before paragraph 7#d71 as designated by clause 7iii7 of this subparagraph1 the following3 7#c7 ,on a claim in which an individual demonstrates that age was a motivating factor for any employment practice1 under section #d7;g77#a71 and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor1 the court-- 7,a7 may grant declaratory relief1 injunctive relief 7except as provided in subparagraph 7,b771 and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section #d7;g77#a72 and 7,b7 shall not award damages or issue an order requiring any admission1 reinstatement1 hiring1 promotion1 or payment4 2 and 7,b7 in subsection 7c77#a71 by striking ,any and inserting ,subject to subsection 7b77#c71 any4 7#c7 ,definitions ,section #aa of such ,act 7#bi ,u4,s4,c4 #fcj7 is amended by adding at the end the following3 7m7 ,the term demonstrates means meets the burdens of production and persuasion4 4 7#d7 ,federal employees ,section #ae of such ,act 7#bi ,u4,s4,c4 #fcc;a7 is amended by adding at the end the following3 7h7 ,sections #d7;g7 and #g7;b77#c7 shall apply to mixed motive claims 7involving practices described in section #d7;g77#a77 under this section4 4 7b7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#a7 ,clarifying prohibition against impermissible consideration of race1 color1 religion1 sex1 or national origin in employment practices ,section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7 is amended by striking subsection 7m7 and inserting the following3 7m7 ,except as otherwise provided in this title1 an unlawful employment practice is established when the complaining party demonstrates that race1 color1 religion1 sex1 or national origin or an activity protected by section #gjd7;a7 was a motivating factor for any employment practice1 even though other factors also motivated the practice4 4 7#b7 ,federal employees ,section #gag of such ,act 7#db ,u4,s4,c4 #bjjj;e-#af7 is amended by adding at the end the following3 7g7 ,sections #gjc7m7 and #gjf7;g77#b77;,b7 shall apply to mixed motive cases 7involving practices described in section #gjc7m77 under this section4 4 7c7 ,americans ,with ,disabilities ,act of #aiij 7#a7 ,definitions ,section #aja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa7 is amended by adding at the end the following3 7#aa7 ,demonstrates ,the term demonstrates means meets the burdens of production and persuasion4 4 7#b7 ,clarifying prohibition against impermissible consideration of disability in employment practices ,section #ajb of such ,act 7#db ,u4,s4,c4 #abaab7 is amended by adding at the end the following3 7e7 ,proof 7#a7 ,establishment ,except as otherwise provided in this ,act1 a discriminatory practice is established under this ,act when the complaining party demonstrates that disability or an activity protected by subsection 7a7 or 7b7 of section #ejc was a motivating factor for any employment practice1 even though other factors also motivated the practice4 7#b7 ,demonstration ,in establishing a discriminatory practice under paragraph 7#a7 or by any other method of proof1 a complaining party-- 7,a7 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 ,act2 and 7,b7 shall not be required to demonstrate that disability or an activity protected by subsection 7a7 or 7b7 of section #ejc was the sole cause of an employment practice4 4 7#c7 ,certain anti-retaliation claims ,section #ejc7;c7 of such ,act 7#db ,u4,s4,c4 #abbjc7;c77 is amended-- 7,a7 by striking ,the remedies and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 the remedies 2 and 7,b7 by adding at the end the following3 7#b7 ,certain anti-retaliation claims ,section #ajg7;c7 shall apply to claims under section #ajb7;e77#a7 with respect to title ,i4 4 7#d7 ,remedies ,section #ajg of such ,act 7#db ,u4,s4,c4 #abaag7 is amended by adding at the end the following3 7c7 ,discriminatory motivating factor ,on a claim in which an individual demonstrates that disability was a motivating factor for any employment practice1 under section #ajb7;e77#a71 and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor1 the court-- 7#a7 may grant declaratory relief1 injunctive relief 7except as provided in paragraph 7#b771 and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section #ajb7;e77#a72 and 7#b7 shall not award damages or issue an order requiring any admission1 reinstatement1 hiring1 promotion1 or payment4 4 7d7 ,rehabilitation ,act of #aigc 7#a7 ,in general ,sections #eja7;f71 #ejc7;d71 and #ejd7;d7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7;f71 #gic7;d71 and #gid7;d771 are each amended by adding after title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq47 the following3 1 including the standards of causation or methods of proof applied under section #ajb7;e7 of that ,act 7#db ,u4,s4,c4 #abaab7;e7714 7#b7 ,federal employees ,the amendment made by paragraph 7#a7 to section #eja7;f7 shall be construed to apply to all employees covered by section #eja4 #c4 ,application ,this ,act1 and the amendments made by this ,act1 shall apply to all claims pending on or after the date of enactment of this ,act4 #d4 ,severability ,if any provision or portion of a provision of this ,act1 an amendment or portion of an amendment made by this ,act1 or the application of any provision or portion thereof or amendment or portion thereof to particular persons or circumstances is held invalid or found to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 or the application of that provision or portion thereof or amendment or portion thereof to other persons or circumstances shall not be affected4 #e4 ,report by ,government ,accountability ,office ,not later than #b years after the date of the enactment of this ,act1 the ,government ,accountability ,office shall submit to the ,congress a report analyzing how the ,equal ,employment ,opportunity ,commission investigates mixed motive age discrimination claims arising under the ,acts amended by this ,act1 focusing on-- 7#a7 the ability of the ,commission to meet the demands of its workload under such ,acts2 7#b7 the plans of the ,commission for investigating systemic age discrimination in violation of such ,acts2 7#c7 the plans of the ,commission for litigation under such ,acts2 and 7#d7 the options for improving the ability of the ,commission to respond to allegations of age discrimination in violation of such ,acts4 #f4 ,study and report to ,congress ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,labor and the ,equal ,opportunity ,employment ,commission shall jointly conduct a study to determine the number of claims pending or filed1 in addition to cases closed1 by women who may have been adversely impacted by age discrimination as a motivating factor in workplace discrimination or employment termination4 ,the ,secretary of ,labor and ,chairman of the ,commission shall jointly submit to the ,congress1 and make available to the public1 a report that contains the results of the study1 including recommendations for best practices to prevent and to combat gender and age discrimination as it relates to women in the workplace4 #g4 ,reports ,for the #e-year period beginning on the date of the enactment of this ,act1 the ,chairman of ,equal ,employment ,opportunity ,commission shall submit to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report at #a-year intervals on the number of age discrimination in employment claims brought under this ,act with the ,equal ,employment ,opportunity ,commission in the period for which such report is submitted4 #h4 ,report by the ,united ,states ,commission on ,civil ,rights 7a7 ,report ,with funds appropriated in advance to carry out this section1 and consistent with the operational and procedural requirements of the ,united ,states ,commission on ,civil ,rights1 the ,commission shall submit to the appropriate committees of the ,congress a report containing an analysis of the status of ,federal mixed motive age discrimination in employment claims made against ,federal agencies1 including-- 7#a7 the number of such claims1 specified by the ,federal agency against which such claims are made2 and 7#b7 other related information the ,commission determines to be appropriate4 7b7 ,submission of report ,the report required by subsection 7a7 shall be submitted not later that #e years after the date of the enactment of this ,act4 ,passed the ,house of ,representatives ,january #ae1 #bjbj4;,clerk4