H.R. 1230 - 116th Congress (2019-2020) - 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 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 a 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 a complainant to prove that age was the "but-for" cause for the employer's decision).

The bill authorizes a court in a claim in which age discrimination is shown to grant declaratory and injunctive relief, but prohibits a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment.

The bill 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, and the Rehabilitation Act of 1973.

Text (4)

January 16, 2020

January 15, 2020

January 9, 2020

February 14, 2019

Amendments (5)

Jan 15, 2020

Agreed to in House

Sponsorship

House Amendment 752

An amendment numbered 5 printed in House Report 116-377 to require within 5 years the US Commission on Civil Rights to submit a report containing an analysis of the status of Federal mixed motive age discrimination in employment claims made against Federal agencies.

Agreed To

Jan 15, 2020

Agreed to in House

Sponsorship

House Amendment 751

An amendment numbered 4 printed in House Report 116-377 to require the Equal Employment Opportunity Commission to submit yearly reports for 5-years to Congress on the number of age discrimination claims brought under this Act.

Agreed To

Jan 15, 2020

Not Agreed to in House

Sponsorship

House Amendment 750

Amendment sought to prevent the bill's provisions from taking effect until the Government Accountability Office reports to Congress on whether the Supreme Court's decisions in Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), and Texas Southwestern Medical Center v. Nassar, 570 U.S. 338 (2013), discouraged individuals from filing age discrimination charges and title VII retaliation charges with the Equal Employment Opportunity Commission.

Active

Jan 15, 2020

Agreed to in House

Sponsorship

House Amendment 749

An amendment numbered 2 printed in House Report 116-377 to require the Secretary of the Department of Labor and the Chair of the Equal Opportunity Employment Commission to conduct a study to determine the number of older adult women who may have been adversely impacted by age discrimination as a motivating factor in workplace discrimination or employment. Amendment requires the report to be submitted to Congress and made publicly available within one year and would require a recommendation on best practices to combat gender and age discrimination in the workplace.

Agreed To

Jan 15, 2020

Agreed to in House

Sponsorship

House Amendment 748

An amendment numbered 1 printed in House Report 116-377 to require a GAO report on the Equal Employment Opportunity Commissions (E EOC) ability to meet the demands of its workload; its plans for investigating mixed motive age discrimination claims; and options for improving EEOCs ability to respond to allegations of age discrimination.

Agreed To

Actions (34)

Show Only Major Actions

01/16/2020

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

01/15/2020

Motion to reconsider laid on the table Agreed to without objection.

01/15/2020

On passage Passed by recorded vote: 261 - 155 (Roll no. 21).

01/15/2020

Passed/agreed to in House: On passage Passed by recorded vote: 261 - 155 (Roll no. 21).

01/15/2020

On motion to recommit with instructions Failed by recorded vote: 196 - 220 (Roll no. 20).

01/15/2020

The previous question on the motion to recommit with instructions was ordered without objection.

01/15/2020

Floor summary: DEBATE - The House proceeded wiht 10 minutes of debate on the Smucker motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding at the end of the bill a new section pertaining to Rule of Construction which states nothing in the Act shall be construed to alter the status of a truck driver as an independent contractor if the truck driver is currently considered to be an independent contractor under Federal law.

01/15/2020

Mr. Smucker moved to recommit with instructions to the Committee on Education and Labor. (text: CR H271)

01/15/2020

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

01/15/2020

The previous question was ordered pursuant to the rule.

01/15/2020

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1230.

01/15/2020

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

01/15/2020

Considered as unfinished business. (consideration: CR H270-274)

01/15/2020

Committee of the Whole House on the state of the Union rises leaving H.R. 1230 as unfinished business.

01/15/2020

On motion that the committee rise Agreed to by voice vote.

01/15/2020

Mr. Scott (VA) moved that the committee rise.

01/15/2020

DEBATE - Pursuant to the provisions of H. Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Tlaib amendment No. 5.

01/15/2020

DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Brown (MD) amendment No. 4.

01/15/2020

POSTPONED PROCEEDINGS - At the conclusion of debate on the Allen amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the noes had prevailed. Mr. Allen demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

01/15/2020

DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Allen amendment No. 3.

01/15/2020

DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the Rodney Davis (IL) amendment No. 2.

01/15/2020

DEBATE - Pursuant to the provisions of H.Res. 790, the Committee of the Whole proceeded with 10 minutes of debate on the DeSaulnier amendment No. 1.

01/15/2020

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1230.

01/15/2020

The Speaker designated the Honorable Henry Cuellar to act as Chairman of the Committee.

01/15/2020

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 790 and Rule XVIII.

01/15/2020

Rule provides for consideration of H.R. 1230 and H.J. Res. 76 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

01/15/2020

Considered under the provisions of rule H. Res. 790. (consideration: CR H258-270; text: CR H264-265)

01/13/2020

Rules Committee Resolution H. Res. 790 Reported to House. Rule provides for consideration of H.R. 1230 and H.J. Res. 76 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

01/09/2020

Placed on the Union Calendar, Calendar No. 295.

01/09/2020

Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-372.

06/11/2019

Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 18.

06/11/2019

Committee Consideration and Mark-up Session Held.

02/14/2019

Referred to the House Committee on Education and Labor.

02/14/2019

Introduced in House

Public Record

Record Updated

Nov 1, 2022 4:17:42 PM