,i #aafth ,,congress #ast ,session ,h4 ,r4 #abcj ,,in ,,the ,,house ,,of ,,representatives ,february #ad1 #bjai,mr4 ,scott of ,virginia 7for himself1 ,mr4 ,sensenbrenner1 ,ms4 ,bonamici1 ,mr4 ,katko1 ,mr4 ,hurd of ,texas1 ,ms4 ,adams1 ,mr4 ,takano1 and ,mr4 ,grothman7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,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 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,in enacting section #ajg of the ,civil ,rights ,act of #aiia 7adding section #gjc7m7 of the ,civil ,rights ,act of #aifd71 ,congress reaffirmed its understanding that unlawful discrimination is often difficult to detect and prove because those who discriminate do not usually admit their discrimination and often try to conceal their true motives4 ,section #gjc7m7 of the ,civil ,rights ,act of #aifd expressly approved so-called mixed motive claims1 providing that an unlawful employment practice is established when a protected characteristic was a motivating factor for any employment practice1 even though other factors also motivated the practice4 7#b7 ,congress enacted amendments to other civil rights statutes1 including the ,age ,discrimination in ,employment ,act of #aifg 7referred to in this section as the ,,adea71 the ,americans with ,disabilities ,act of #aiij1 and the ,rehabilitation ,act of #aigc1 but ,congress did not expressly amend those statutes to address mixed motive discrimination4 7#c7 ,in the case of ,gross v4 ,,fbl ,financial ,services1 ,inc41 #eeg ,u4,s4 #afg 7#bjji71 the ,supreme ,court held that1 because ,congress did not expressly amend the ,,adea to address mixed motive claims1 such claims were unavailable under the ,,adea1 and instead the complainant bears the burden of proving that a protected characteristic or protected activity was the but for cause of an unlawful employment practice4 ,this decision has significantly narrowed the scope of protections afforded by the statutes that were not expressly amended in #aiia to address mixed motive claims4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to clarify congressional intent that mixed motive claims shall be available1 and that a complaining party need not prove that a protected characteristic or protected activity was the but for cause of an unlawful employment practice1 under the ,,adea and similar civil rights provisions2 7#b7 to reject the ,supreme ,court's reasoning in the ,gross decision that ,congress' failure to amend any statute other than title ,,vii of the ,civil ,rights ,act of #aifd 7with respect to discrimination claims71 in enacting section #ajg of the ,civil ,rights ,act of #aiia1 suggests that ,congress intended to disallow mixed motive claims under other statutes2 and 7#c7 to clarify that complaining parties-- 7,a7 may rely on any type or form of admissible evidence to establish their claims of an unlawful employment practice2 7,b7 are not required to demonstrate that the protected characteristic or activity was the sole cause of the employment practice2 and 7,c7 may demonstrate an unlawful employment practice through any available method of proof or analytical framework4 #c4 ,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 under this title 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 the words 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 #d4 ,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