Protecting Older Workers Against Discrimination Act
The Protecting Older Workers Against Discrimination Act would change how discrimination claims are proven under several major civil rights and employment laws. It shifts to a “mixed-motive” standard, meaning a plaintiff can establish an unlawful practice if age (for ADEA) or another protected factor (such as race, sex, disability, etc., under Title VII, ADA, and Rehabilitation Act) was a motivating factor in the employer’s decision, even if other factors also played a role. The bill also broadens the evidentiary approach (allowing any admissible evidence and not requiring the protected factor to be the sole cause) and modifies remedies to emphasize non-damages relief (like declaratory or injunctive relief and attorney’s fees) when the employer can show it would have taken the same action regardless of the impermissible motive. It explicitly applies to federal employees and to claims pending after enactment, with severability preserved. In short, the bill is designed to make it easier for older workers and others to prove discrimination by recognizing mixed motives as unlawful and by clarifying what relief is available, while limiting certain damages in some mixed-motive scenarios.
Key Points
- 1Mixed-motive standard across multiple laws: An unlawful practice is established if age (under ADEA) or another protected activity (under Title VII, ADA, and Rehabilitation Act) was a motivating factor in an employment practice, even if other factors also motivated the decision.
- 2Flexible proof and no sole-cause requirement: Plaintiffs may rely on any admissible evidence and need only show that a protected factor was a motivating factor; they are not required to prove it was the sole cause.
- 3Remedies in mixed-motive cases: For ADEA, Title VII, and ADA claims, courts may grant declaratory relief, injunctive relief, and attorney’s fees tied to the claim, but damages and certain orders (like reinstatement or payment) may be denied if the employer would have taken the same action absent the impermissible factor.
- 4Federal employees: The mixed-motive standards extend to federal employment claims, ensuring consistency with the private sector on these defenses.
- 5Scope and timing: The Act applies to claims pending on or after enactment and includes severability to keep the rest of the law intact if any provision is struck down.