{"bills":[{"photos":{"featured":"https://assets.causes.com/bill/photo/hr1230-116/featured_protecting-older-workers-against-discrimination-act-1580022147.jpg","featured_large":"https://assets.causes.com/bill/photo/hr1230-116/featured_large_protecting-older-workers-against-discrimination-act-1580022147.jpg","shareable":"https://n.causes.com/share-images/bills/hr1230-116.png"},"introduced_on":"2019-02-14","title_override":"Should Anti-Discrimination Protections for Older Workers Be Strengthened?","summary_override":"

This bill — the Protecting Older Workers Against Discrimination Act — would clarify that considering age in any employment practice is prohibited, even if factors other than age motivated the practice in part. To establish that an unlawful employment practice occurred, a complaining party could rely on any type or form of admissible evidence that’s sufficient for a reasonable trier of fact to find that an unlawful practice occurred. The complaining party wouldn’t be required to demonstrate that age or a protected activity was the sole cause of a practice as required by a Supreme Court ruling in Gross v. FBL Financial Service, Inc. (2009).

For a claim in which an individual demonstrates that age was a motivating factor for an employment practice and the respondent demonstrates that they would’ve taken the same action absent the impermissible motivating factor, the court:

Could grant declaratory relief, injunctive relief, and attorney’s fees or costs that are directly attributable to a claim.
Could not award damages or issue an order requiring any admission, reinstatement, hiring, or payment.

","official_title":"To amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes.","short_title":"Protecting Older Workers Against Discrimination Act","popular_title":null,"short_summary":"Protecting Older Workers Against Discrimination Act This bill amends the Age Discrimination in Employment Act of 1967 to establish an unlawful employment practice when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims). The bill (1) permits a...","summarized":true,"cost":null,"cost_commentary":"The CBO estimates that enacting this bill would require the Equal Employment Opportunity Commission (EEOC) to hire about 20 new employees to handle the additional workload at a cost of about $2 million annually over the 2020-2024 period.","impact":"Older workers who face discrimination; employers who undertake prohibited employment actions; and courts.","argument_for":"This bill would ease the standard of proof older workers face when claiming age-related employment discrimination and retaliation by removing the requirement that they show their employer’s action was based solely on age.","argument_against":"While this bill may make it easier for older workers to prove that they faced age-related discrimination in the workplace, the fact that it precludes the courts from awarding them anything beyond legal fees means it will primarily benefit trial lawyers.\n \n ","bill_type":"hr","published":true,"type":"FederalBill","id":"hr1230-116","bill_id":"hr1230-116","formal_id":"H.R. 1230","chamber":"house","congress":116,"last_action_at":"2020-01-16T00:00:00.000Z","active":false,"enacted":false,"enacted_at":null,"vetoed":false,"last_vote_at":"2020-01-15T00:00:00.000Z","debated_on":"2020-01-10T05:46:12.000Z","congress_url":"https://www.congress.gov/bill/116th-congress/house-bill/1230","plain_text_url":null,"shareable_image_url":"https://n.causes.com/share-images/bills/hr1230-116.png","congress_full_text_url":"https://www.congress.gov/bill/116th-congress/house-bill/1230/text","is_current_congress":false,"last_version_on":null,"related_bill_ids":null,"progress":"Passed House","house_passage_result":true,"senate_passage_result":false,"position_count":339,"committees":[{"name":"Committee on Education and Labor","chamber":"house","committee_id":"HSED","subcommittee":false}],"links":{"rollCalls":"/api/roll_calls?bill_id=hr1230-116","details":"/api/bills/hr1230-116/details","sharingMessage":"/api/sharing_messages/hr1230-116","positionsFor":"/api/bills/hr1230-116/positions/for","positionsAgainst":"/api/bills/hr1230-116/positions/against"},"upcoming":false,"cosponsors_count":91,"slug":"hr1230-116-protecting-older-workers-against-discrimination-act","latest_chamber_votes_id":"hr1230-116","official_url":null,"target_video":true,"following":false,"vote_count":1888,"yea_vote_count":1631,"nay_vote_count":251,"passed_house":true,"passed_senate":false,"vote_id":null,"my_position_id":null,"topic_ids":["work","legal-affairs","government"],"issue_ids":["longevity","aging","work","legal-affairs","business","federal-agencies","government"],"sponsor_id":239}],"votes":[],"issues":[{"id":"longevity","name":"Longevity","slug":"longevity","description":"Take action: Longevity","page_title":"Countable Issue Action Center: Longevity","icons":{"black":"https://assets.causes.com/issue/icon/longevity/black_longevity-1522112938.svg","grey":"https://assets.causes.com/issue/icon/longevity/grey_longevity-1522112938.svg","white":"https://assets.causes.com/issue/icon/longevity/white_longevity-1522112938.svg"},"cover_image_url":"","is_following":false},{"id":"aging","name":"Aging","slug":"aging","description":"Vote on the latest federal legislation regarding Aging. 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Claudine

Should Anti-Discrimination Protections for Older Workers Be Strengthened?