,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #cebb  ,,in ,,the ,,house ,,of  
,,representatives  ,may #bj1 #bjbe ,mr4 
,scott of ,virginia 7for himself1 ,mr4  
,grothman1 ,ms4 ,bonamici1 ,ms4 ,adams1 
,mr4 ,van ,drew1 and ,mr4 ,fitzpatrick7 
introduced the following bill2 which was
 referred to the ,committee on          
,education and ,workforce  ,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 ,act  
of #bjbe4  #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      
,except as otherwise provided in this   
chapter1 an unlawful practice is        
established under this chapter 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  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 proves a violation under    
subsection 7g7 of section #fbc of this  
title1 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 subsection     
#d7;g7 of section #fbc of this title2   
and  7,b7 shall not award damages or    
issue an order requiring any admission1 
reinstatement1 hiring1 promotion1 or    
payment4  2 and  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
 ,the provisions of #fbc7;g7 and        
#fbf7;b77#c7 of this title shall apply  
to claims brought under the provisions  

of this section4  4  7b7 ,title v,i,i 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    
practice is established when the        
complaining party demonstrates that     
race1 color1 religion1 sex1 national    
origin1 or an activity protected by     
section #bjjj;e-7#c7;a of this title was
 a motivating factor for any 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 #bjjj;e-#b7m7 and            
#bjjj;e-#e7;g77#b77;,b7 of this title   
shall apply to claims brought under the 

provisions of 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 chapter1 a            
discriminatory practice is established  
under this chapter when the complaining 
party demonstrates that disability or an
 activity protected by subsection 7a7 or
 7b7 of section #abbjc of this title was
 a motivating factor for any practice1  
even though other factors also motivated
 the 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        
#abaag7;c7 shall apply to claims under  
section #abaab7;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 proves a violation under  
section #abaab7;e77#a7 of this title1   
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        
#abaab7;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 of   
the ,rehabilitation ,act of #aigc 7#bi  
,u4,s4,c4 #gia7;f77 shall be construed  
to apply to all employees covered by    
section #eja of that ,act 7#bi ,u4,s4,c4

 #gia74  #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 of this ,act1 an amendment    
made by this ,act1 or the application of
 such provision or amendment to any     
person or circumstance is held to be    
unconstitutional1 the remainder of this 
,act1 the amendments made by this ,act1 
and the application of the provisions of
 such to any person or circumstance     
shall not be affected thereby4