H.R. 3522

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3522 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3522

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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 20, 2025

Mr. Scott of Virginia (for himself, Mr. Grothman, Ms. Bonamici, Ms. 
Adams, Mr. Van Drew, and Mr. Fitzpatrick) introduced the following 
bill; which was referred to the Committee on Education and Workforce

_______________________________________________________________________

A BILL

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protecting Older Workers Against 
Discrimination Act of 2025''.

SEC. 2. STANDARDS OF PROOF.

(a) Age Discrimination in Employment Act of 1967.--
(1) Clarifying prohibition against impermissible 
consideration of age in employment practices.--Section 4 of the 
Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is 
amended by inserting after subsection (f) the following:
``(g) Except as otherwise provided in this chapter, an unlawful 
practice is established under this chapter when the complaining party 
demonstrates that age or an activity protected by subsection (d) was a 
motivating factor for any practice, even though other factors also 
motivated the practice.''.
(2) Remedies.--Section 7 of such Act (29 U.S.C. 626) is 
amended--
(A) in subsection (b)--
(i) in the first sentence, by striking 
``The'' and inserting ``(1) The'';
(ii) in the third sentence, by striking 
``Amounts'' and inserting the following:
``(2) Amounts'';
(iii) in the fifth sentence, by striking 
``Before'' and inserting the following:
``(4) Before''; and
(iv) by inserting before paragraph (4), as 
designated by clause (iii) of this 
subparagraph, the following:
``(3) On a claim in which an individual proves a violation 
under subsection (g) of section 623 of this title, and a 
respondent demonstrates that the respondent would have taken 
the same action in the absence of the impermissible motivating 
factor, the court--
``(A) may grant declaratory relief, injunctive 
relief (except as provided in subparagraph (B)), and 
attorney's fees and costs demonstrated to be directly 
attributable only to the pursuit of a claim under 
subsection 4(g) of section 623 of this title; and
``(B) shall not award damages or issue an order 
requiring any admission, reinstatement, hiring, 
promotion, or payment.''; and
(3) Definitions.--Section 11 of such Act (29 U.S.C. 630) is 
amended by adding at the end the following:
``(m) The term `demonstrates' means meets the burdens of production 
and persuasion.''.
(4) Federal employees.--Section 15 of such Act (29 U.S.C. 
633a) is amended by adding at the end the following:
``(h) The provisions of 623(g) and 626(b)(3) of this title shall 
apply to claims brought under the provisions of this section.''.
(b) Title VII of the Civil Rights Act of 1964.--
(1) Clarifying prohibition against impermissible 
consideration of race, color, religion, sex, or national origin 
in employment practices.--Section 703 of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e-2) is amended by striking subsection 
(m) and inserting the following:
``(m) Except as otherwise provided in this title, an unlawful 
practice is established when the complaining party demonstrates that 
race, color, religion, sex, national origin, or an activity protected 
by section 2000e-(3)a of this title was a motivating factor for any 
practice, even though other factors also motivated the practice.''.
(2) Federal employees.--Section 717 of such Act (42 U.S.C. 
2000e-16) is amended by adding at the end the following:
``(g) Sections 2000e-2(m) and 2000e-5(g)(2)(B) of this title shall 
apply to claims brought under the provisions of this section.''.
(c) Americans With Disabilities Act of 1990.--
(1) Definitions.--Section 101 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding 
at the end the following:
``(11) Demonstrates.--The term `demonstrates' means meets 
the burdens of production and persuasion.''.
(2) Clarifying prohibition against impermissible 
consideration of disability in employment practices.--Section 
102 of such Act (42 U.S.C. 12112) is amended by adding at the 
end the following:
``(e) Proof.--
``(1) Establishment.--Except as otherwise provided in this 
chapter, a discriminatory practice is established under this 
chapter when the complaining party demonstrates that disability 
or an activity protected by subsection (a) or (b) of section 
12203 of this title was a motivating factor for any practice, 
even though other factors also motivated the practice.''.
(3) Certain anti-retaliation claims.--Section 503(c) of 
such Act (42 U.S.C. 12203(c)) is amended--
(A) by striking ``The remedies'' and inserting the 
following:
``(1) In general.--Except as provided in paragraph (2), the 
remedies''; and
(B) by adding at the end the following:
``(2) Certain anti-retaliation claims.--Section 12117(c) 
shall apply to claims under section 12112(e)(1) with respect to 
title I.''.
(4) Remedies.--Section 107 of such Act (42 U.S.C. 12117) is 
amended by adding at the end the following:
``(c) Discriminatory Motivating Factor.--On a claim in which an 
individual proves a violation under section 12112(e)(1) of this title, 
and a respondent demonstrates that the respondent would have taken the 
same action in the absence of the impermissible motivating factor, the 
court--
``(1) may grant declaratory relief, injunctive relief 
(except as provided in paragraph (2)), and attorney's fees and 
costs demonstrated to be directly attributable only to the 
pursuit of a claim under section 12112(e)(1); and
``(2) shall not award damages or issue an order requiring 
any admission, reinstatement, hiring, promotion, or payment.''.
(d) Rehabilitation Act of 1973.--
(1) In general.--Sections 501(f), 503(d), and 504(d) of the 
Rehabilitation Act of 1973 (29 U.S.C. 791(f), 793(d), and 
794(d)), are each amended by adding after ``title I of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et 
seq.)'' the following: ``, including the standards of causation 
or methods of proof applied under section 102(e) of that Act 
(42 U.S.C. 12112(e)),''.
(2) Federal employees.--The amendment made by paragraph (1) 
to section 501(f) of the Rehabilitation Act of 1973 (29 U.S.C. 
791(f)) shall be construed to apply to all employees covered by 
section 501 of that Act (29 U.S.C. 791).

SEC. 3. APPLICATION.

This Act, and the amendments made by this Act, shall apply to all 
claims pending on or after the date of enactment of this Act.

SEC. 4. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.
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