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<?xml version="1.0" encoding="UTF-8"?><BillSummaries> |
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<item congress="118" measure-type="s" measure-number="1030" measure-id="id118s1030" originChamber="SENATE" orig-publish-date="2023-03-29" update-date="2023-04-19"> |
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<title>Protecting Older Workers Against Discrimination Act</title> |
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<summary summary-id="id118s1030v00" currentChamber="SENATE" update-date="2023-04-19"> |
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<action-date>2023-03-29</action-date> |
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<action-desc>Introduced in Senate</action-desc> |
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<summary-text><![CDATA[ |
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<p><strong>Protecting Older Workers Against Discrimination Act</strong></p> <p>This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as <i>mixed motive</i> claims).</p> <p>The bill (1) permits the complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that the complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in <em>Gross v. FBL Financial Services, Inc.</em>, which requires the complainant to prove that age was the <i>but-for</i> cause for the employer's decision).</p> <p>The bill applies this evidentiary standard to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.</p> <p>In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability.</p> |
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<dc:format>text/xml</dc:format> |
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<dc:language>EN</dc:language> |
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<dc:rights>Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.</dc:rights> |
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<dc:contributor>Congressional Research Service, Library of Congress</dc:contributor> |
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<dc:description>This file contains bill summaries for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.</dc:description> |
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</BillSummaries> |
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