{"format":1,"id":"117-hr-2062","congress":117,"number":"H.R. 2062","kind":"bill","group":"bills","title":"Protecting Older Workers Against Discrimination Act of 2021","title_source":"Short Title(s) as Passed House","official_title":"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.","titles":[{"type":"Official Title as Introduced","title":"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."},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Protecting Older Workers Against Discrimination Act of 2021"},{"type":"Display Title","title":"Protecting Older Workers Against Discrimination Act of 2021"},{"type":"Short Title(s) as Reported to House","title":"Protecting Older Workers Against Discrimination Act of 2021"},{"type":"Short Title(s) as Passed House","title":"Protecting Older Workers Against Discrimination Act of 2021"},{"type":"Short Title(s) as Introduced","title":"Protecting Older Workers Against Discrimination Act"}],"outcome":"passed_house","law_number":null,"introduced":"2021-03-18","chambers":{"house":{"status":"roll_call","date":"2021-06-23","vote":{"id":"117-2021-h180","question":"On Passage","title":"Protecting Older Workers Against Discrimination Act of 2021","result":"Passed","yea":247,"nay":178,"present":0,"not_voting":5,"source":"https://clerk.house.gov/evs/2021/roll180.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.","date":"2021-06-24"},"nominees":null,"amendments":[{"number":"H.Amdt. 58","sponsor":"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]","purpose":"Amendments en bloc No. 1 comprised of amendments numbered 1 and 3, printed in Part B of House Report 117-71.","result":"Agreed to","date":"2021-06-23","yea":231,"nay":192,"present":0,"not_voting":7,"source":"https://clerk.house.gov/evs/2021/roll178.xml"},{"number":"H.Amdt. 59","sponsor":"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]","purpose":"Amendments en bloc No. 2 comprised of amendments numbered 2 and 5, printed in Part B of House Report 117-71.","result":"Failed","date":"2021-06-23","yea":182,"nay":243,"present":0,"not_voting":5,"source":"https://clerk.house.gov/evs/2021/roll179.xml"}],"other_votes":[{"chamber":"house","date":"2021-06-23","question":"On Agreeing to the Amendment","title":"","result":"Agreed to","yea":231,"nay":192,"present":0,"not_voting":7,"kind":"amendment","source":"https://clerk.house.gov/evs/2021/roll178.xml"},{"chamber":"house","date":"2021-06-23","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":182,"nay":243,"present":0,"not_voting":5,"kind":"amendment","source":"https://clerk.house.gov/evs/2021/roll179.xml"}],"crs_summary":{"date":"2021-06-23","stage":"Passed House","blocks":[{"k":"h","t":"Protecting Older Workers Against Discrimination Act of 2021"},{"k":"p","t":"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)."},{"k":"p","t":"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)."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"The bill also includes reporting requirements for the Equal Employment Opportunity Commission and the Department of Labor."}],"words":279},"summary":{"main_subject":{"text":"Amends the Age Discrimination in Employment Act of 1967 and other federal employment laws to set a motivating-factor standard of proof for discrimination and retaliation claims, with limits on remedies when the employer shows it would have taken the same action.","cites":[{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#H44B53FD26A074133966218C7C448BAE0"}]},"core_areas":["Motivating-factor standard of proof for age discrimination claims","Motivating-factor standard under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990","Court remedies when the same action would have been taken anyway","Application to federal employees and the Rehabilitation Act of 1973","Reports to Congress on age discrimination claims"],"what_it_does":[{"text":"Adds to the Age Discrimination in Employment Act of 1967 a rule that an unlawful practice is established when the complaining party demonstrates that age or a protected activity was a motivating factor, even though other factors also motivated the practice.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#H44B53FD26A074133966218C7C448BAE0"}},{"text":"Provides that a complaining party under the Age Discrimination in Employment Act of 1967 may rely on any type or form of admissible evidence and need not demonstrate that age or a protected activity was the sole cause of a practice.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#H44B53FD26A074133966218C7C448BAE0"}},{"text":"Provides that, where age was a motivating factor but the respondent demonstrates it would have taken the same action anyway, the court may grant declaratory relief, injunctive relief, and certain attorney's fees and costs, but shall not award damages or order any admission, reinstatement, hiring, promotion, or payment.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#H44B53FD26A074133966218C7C448BAE0"}},{"text":"Applies the same motivating-factor approach to claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973, including claims by federal employees.","cite":{"label":"Sec. 2","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#H44B53FD26A074133966218C7C448BAE0"}},{"text":"Applies the Act and its amendments to all claims pending on or after the date of enactment.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#HD8EC786575D543CD988C4D850348BB2B"}},{"text":"Requires the Equal Employment Opportunity Commission to report to Congress at 1-year intervals on the number of age discrimination in employment claims brought under the Act with the Commission.","cite":{"label":"Sec. 6","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#H4CED025BDB174918AED010559681FC0F"}}],"unexpected":[{"category":"narrow_beneficiary","items":[{"cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#H106D2A45C1B24386ABF2B27A10C5522E"},"heading":"Study and report to Congress","effect":"Requires the Secretary of Labor and the Equal Employment Opportunity Commission to study, and report to Congress within 1 year, claims by women who may have been adversely impacted by age discrimination, with recommendations on gender and age discrimination as it relates to women.","amount":null,"quote":"the number of claims pending or filed, in addition to cases closed, by women who may have been adversely impacted by age discrimination as a motivating factor"},{"cite":{"label":"Sec. 7","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh#HF4846EFE190F434FB72EA4849E852392"},"heading":"Report","effect":"Requires the Equal Employment Opportunity Commission to report to Congress within 2 years on disparities faced by individuals with age discrimination combined with other protected characteristics in pursuing relief under the mixed motive standard.","amount":null,"quote":"individuals who face discrimination in employment based on characteristics protected under the Age Discrimination in Employment Act of 1967 combined with one or more intersectional characteristics"}]}],"version":{"type":"Engrossed in House","date":"2021-06-23","rule":"passed","href":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-15","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/117th-congress/house-bill/2062","text":"https://www.congress.gov/bill/117th-congress/house-bill/2062/text"},"card":{"image":"card/item/117-hr-2062.png","v":"dc33f3a7cc67","alt":"Votes on Record. H.R. 2062, 117th Congress: Protecting Older Workers Against Discrimination Act of 2021. House: 247 Yea, 178 Nay. Outcome: Passed House, 23 Jun 2021."}}