House Bill 2062
117th Congress(2021-2022)
Protecting Older Workers Against Discrimination Act of 2021
Active
Amendments
Active
Passed House on Jun 23, 2021
Overview
Text
Introduced
Mar 18, 2021
Latest Action
Jun 24, 2021
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
2062
Congress
117
Policy Area
Labor and Employment
Labor and Employment
Primary focus of measure is matters affecting hiring and composition of the workforce, wages and benefits, labor-management relations; occupational safety, personnel management, unemployment compensation. Measures concerning public-sector employment may fall under Government Operations and Politics policy area.
Sponsorship by Party
Virginia
Michigan
California
California
California
California
California
California
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California
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California
Connecticut
Connecticut
Connecticut
District of Columbia
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Illinois
Illinois
Illinois
Kentucky
Maryland
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Massachusetts
Massachusetts
Massachusetts
Massachusetts
Michigan
Michigan
Alaska
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Minnesota
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New York
New York
North Carolina
North Carolina
North Carolina
North Carolina
Northern Mariana Islands
Pennsylvania
Pennsylvania
Pennsylvania
Rhode Island
Tennessee
Washington
Washington
Washington
Wisconsin
Wisconsin
Passed
June 23, 2021
Type
Passage Of A Measure
House Roll Call Votes
Summary

Protecting Older Workers Against Discrimination Act

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)
Displaying only amendments with a detailed public record (2)
Jun 23, 2021
Not Agreed to in House
1
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
1
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
Public Record
Record Created
Mar 19, 2021 7:12:12 AM
Record Updated
Sep 22, 2021 6:26:17 PM