US Congress House Bill 2852 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 31-0)
Status: Introduced on July 30 2013 - 25% progression, died in committee
Action: 2013-09-13 - Referred to the Subcommittee on Workforce Protections.
Pending: House Subcommittee on Workforce Protections Committee
Text: Latest bill text (Introduced) [PDF]

Protecting Older Workers Against Discrimination Act - Amends the Age Discrimination in Employment Act of 1967 to specify that an unlawful employment practice is established when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims). Permits a 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. Declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of a practice (thereby rejecting the Supreme Court decision in Gross v. FBL Financial Services, Inc., which requires a complainant to prove that age was the "but-for" cause for the employer's decision). Authorizes the court, on a claim in which an individual demonstrates that age was a motivating factor for any employment practice and in which a respondent demonstrates that the same action would have been taken in the absence of the impermissible motivating factor, to grant declaratory relief, injunctive relief, and attorney's fees and costs directly attributable only to the pursuit of a claim. Prohibits the court in such an instance from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. Applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, and similar laws concerning federal employees.

Protecting Older Workers Against Discrimination Act

Rep. George Miller [D-CA]	Rep. Joyce Beatty [D-OH]	Rep. Suzanne Bonamici [D-OR]	Rep. Matthew Cartwright [D-PA]
Rep. David Cicilline [D-RI]	Rep. Yvette Clarke [D-NY]	Rep. John Conyers [D-MI]	Rep. Rosa DeLauro [D-CT]
Rep. Suzan DelBene [D-WA]	Rep. Lloyd Doggett [D-TX]	Rep. William Enyart [D-IL]	Rep. Rush Holt [D-NJ]
Rep. Steven Horsford [D-NV]	Rep. James Langevin [D-RI]	Rep. David Loebsack [D-IA]	Rep. Zoe Lofgren [D-CA]
Rep. Doris Matsui [D-CA]	Rep. Jim McDermott [D-WA]	Rep. Gwen Moore [D-WI]	Rep. Patrick Murphy [D-FL]
Rep. Jerrold Nadler [D-NY]	Rep. Eleanor Norton [D-DC]	Rep. Cedric Richmond [D-LA]	Rep. Raul Ruiz [D-CA]
Rep. Janice Schakowsky [D-IL]	Rep. Carol Shea-Porter [D-NH]	Rep. Jackie Speier [D-CA]	Rep. Eric Swalwell [D-CA]
Rep. Dina Titus [D-NV]	Rep. Henry Waxman [D-CA]	Rep. Frederica Wilson [D-FL]

Date	Chamber	Action
2013-09-13	House	Referred to the Subcommittee on Workforce Protections.
2013-07-30	House	Referred to the House Committee on Education and the Workforce.

SB1391 (Same As) 2013-07-30 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced in Senate: CR S6076-6077)

Type	Source
Summary	https://www.congress.gov/bill/113th-congress/house-bill/2852/all-info
Text	https://www.congress.gov/113/bills/hr2852/BILLS-113hr2852ih.pdf