H.R. 2062 - 117th Congress (2021-2022) - Protecting Older Workers Against Discrimination Act of 2021

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.

Text (4)

June 24, 2021

June 23, 2021

June 17, 2021

March 18, 2021

Amendments (4)

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Displaying only amendments with a detailed public record (2)

Jun 23, 2021

Not Agreed to in House

Sponsorship

House Amendment 59

Amendments en bloc No. 2 comprised of amendments numbered 2 and 5, printed in Part B of House Report 117-71.

Active

Jun 23, 2021

Agreed to in House

Sponsorship

House Amendment 58

Amendments en bloc No. 1 comprised of amendments numbered 1 and 3, printed in Part B of House Report 117-71.

Agreed To

Actions (22)

Show Only Major Actions

06/24/2021

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

06/23/2021

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

06/23/2021

On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).

06/23/2021

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 247 - 178 (Roll no. 180).

06/23/2021

The previous question was ordered pursuant to the rule.

06/23/2021

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

06/23/2021

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on the Scott amendment en bloc No. 1 which had been debated earlier and on which further proceedings had been postponed.

06/23/2021

DEBATE - Pursuant to the provisions of H. Res 486, the House proceeded with 10 minutes of debate on the Davis (IL) amendment.

06/23/2021

POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Foxx demanded the yeas and nays an d the Chair postponed further proceedings until a time to be announced.

06/23/2021

DEBATE - Pursuant to the provisions of H. Res 486, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 2.

06/23/2021

POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment en bloc No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mrs. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

06/23/2021

DEBATE - Pursuant to the provisions of H. Res 486, the House proceeded with 20 minutes of debate on the Scott (VA) amendment en bloc No. 1.

06/23/2021

DEBATE - The House proceeded with one hour of debate on H.R. 2062.

06/23/2021

The resolution provides for 1 hour of debate, orders the previous question, and allows a motion to recommit for each measure. Provides that H. Res. 485 is adopted. Provides that anytime through the legislative day of June 25, 2021, the Speaker may entertain motions offered by the Majority Leader or his designee that the House suspend the rules with respect to multiple measures that were the object of motions to suspend the rules on the legislative days of June 22 or 23, and on which the yeas and nays were ordered and further proceedings postponed.

06/23/2021

Considered under the provisions of rule H. Res. 486. (consideration: CR H3052-3067; text: CR H3052-3053)

06/22/2021

Rules Committee Resolution H. Res. 486 Reported to House. The resolution provides for 1 hour of debate, orders the previous question, and allows a motion to recommit for each measure. Provides that H. Res. 485 is adopted. Provides that anytime through the legislative day of June 25, 2021, the Speaker may entertain motions offered by the Majority Leader or his designee that the House suspend the rules with respect to multiple measures that were the object of motions to suspend the rules on the legislative days of June 22 or 23, and on which the yeas and nays were ordered and further proceedings postponed.

06/17/2021

Placed on the Union Calendar, Calendar No. 44.

06/17/2021

Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-63.

05/26/2021

Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 18.

05/26/2021

Committee Consideration and Mark-up Session Held.

03/18/2021

Referred to the House Committee on Education and Labor.

03/18/2021

Introduced in House

Public Record

Record Updated

Mar 8, 2023 8:26:17 PM