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Protecting Older Workers Against Discrimination Act
1/8/2024, 11:15 PM
Summary of Bill S 1030
The bill aims to amend the Age Discrimination in Employment Act of 1967 to make it easier for older workers to prove age discrimination in court. It would do this by reversing a Supreme Court decision that made it more difficult for older workers to bring age discrimination claims.
Specifically, the bill would clarify that a worker only needs to prove that age was a motivating factor in an employment decision, rather than the sole factor as currently required. This would make it easier for older workers to hold employers accountable for discriminatory practices. Additionally, the bill would extend the time period for filing an age discrimination claim from 180 days to 300 days, giving older workers more time to gather evidence and pursue legal action. Overall, the Protecting Older Workers Against Discrimination Act seeks to ensure that older workers are protected from discrimination in the workplace and have the necessary tools to seek justice if they are unfairly treated based on their age.
Congressional Summary of S 1030
Protecting Older Workers Against Discrimination Act
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 mixed motive claims).
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 Gross v. FBL Financial Services, Inc., which requires the complainant to prove that age was the but-for cause for the employer's decision).
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.
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.
