{"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.

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Should Anti-Discrimination Protections for Older Workers Be Strengthened?