H.R. 8381 — Introduced in House

I 116th CONGRESS 2d Session H. R. 8381 IN THE HOUSE OF REPRESENTATIVES September 24, 2020Ms. Garcia of Texas (for herself, Ms. Wild, and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To prohibit employers from asking the age or date of birth of an individual before the completion and submission of an application for employment by such individual. 1. Short title This Act may be cited as the Protect Older Job Applicants Act or the POJA Act. 2. Prohibition against asking the age or date of birth before the completion and submission of the application for employment Section 4(a) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(a)) is amended— (1) in paragraph (2) by striking the or at the end, (2) in paragraph (3) by striking the period at the end and inserting ; or, and (3) by adding at the end the following: (4) to ask the age or date of birth of an individual before the completion and submission of an application for employment by such individual. . 3. Prohibition against limiting, segregating, or classifying applicants for employment Section 4(a)(2) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(a)(2)) is amended— (1) by inserting or applicants for employment after employees, and (2) by inserting or as an applicant for employment after employee. 4. Damages for requesting the age or date of birth at the time of application Section 7 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626) is amended— (1) in subsection (b) by inserting , except where a remedy is provided in subsection (g) after of this section, and (2) by adding at the end the following: (g) The amount owing to an applicant for employment for a violation of paragraph (2) or (4) of section 4(a) shall be $5,000 in lieu of any other amounts owing under this Act for such violation. . 5. Effective date The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.