HOUSE 1230116th CongressReceived in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Protecting Older Workers Against Discrimination Act

Last Action: 1/16/2020

Actions

2020-01-16Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
2020-01-15Motion to reconsider laid on the table Agreed to without objection.
2020-01-15On passage Passed by recorded vote: 261 - 155 (Roll no. 21).
2020-01-15Passed/agreed to in House: On passage Passed by recorded vote: 261 - 155 (Roll no. 21).
2020-01-15On motion to recommit with instructions Failed by recorded vote: 196 - 220 (Roll no. 20).
2020-01-15The previous question on the motion to recommit with instructions was ordered without objection.
2020-01-15Floor summary: DEBATE - The House proceeded wiht 10 minutes of debate on the Smucker motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding at the end of the bill a new section pertaining to Rule of Construction which states nothing in the Act shall be construed to alter the status of a truck driver as an independent contractor if the truck driver is currently considered to be an independent contractor under Federal law.
2020-01-15Mr. Smucker moved to recommit with instructions to the Committee on Education and Labor. (text: CR H271)
2020-01-15The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
2020-01-15The previous question was ordered pursuant to the rule.
2020-01-15The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1230.
2020-01-15The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2020-01-15Considered as unfinished business. (consideration: CR H270-274)
2020-01-15Committee of the Whole House on the state of the Union rises leaving H.R. 1230 as unfinished business.
2020-01-15On motion that the committee rise Agreed to by voice vote.

Showing 15 of 20 actions. Full history on Congress.gov.

CRS Summary

As of 2020-01-15 (53)

Protecting Older Workers Against Discrimination Act

(Sec. 2) This bill amends the Age Discrimination in Employment Act of 1967 to establish as an unlawful employment practice that age or participation in investigations, proceedings, or litigation under such Act were a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known as mixed motive claims).

The bill (1) permits a 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 a 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 a complainant to prove that age was the but-for cause for the employer's decision).

The bill authorizes a court to grant declaratory and injunctive relief, but prohibits a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment.

The bill applies the same standard of proof 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.

(Sec. 5) The Government Accountability Office shall report on how the Equal Employment Opportunity Commission (EEOC) investigates mixed motive age discrimination claims arising under all such Acts amended by this bill.

(Sec. 6) The Department of Labor and the EEOC shall jointly conduct a study to determine 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 in workplace discrimination or employment termination.

(Sec. 7). The EEOC, for a five-year period, shall submit to Congress a report at one-year intervals on the number of age discrimination in employment claims brought under this bill.

(Sec. 8) The EEOC shall report on the status of federal mixed motive age discrimination in employment claims made against federal agencies.

Cosponsors (20)

F. SENSENBRENNER (R-WI)
Suzanne Bonamici (D-OR)
John Katko (R-NY)
Will Hurd (R-TX)
Alma Adams (D-NC)
Mark Takano (D-CA)
Glenn Grothman (R-WI)
Dean Phillips (D-MN)
Andy Levin (D-MI)
Pete Stauber (R-MN)
ELEANOR NORTON (D-DC)
Karen Bass (D-CA)
David Cicilline (D-RI)
Jamie Raskin (D-MD)
Jefferson Van Drew (D-NJ)
Mark DeSaulnier (D-CA)
Elise Stefanik (R-NY)
Brian Fitzpatrick (R-PA)
Haley Stevens (D-MI)
Rodney Davis (R-IL)

Subjects

Age discrimination
Civil actions and liability
Congressional oversight
Disability and health-based discrimination
Employment discrimination and employee rights
Evidence and witnesses
Government employee pay, benefits, personnel management
Government studies and investigations
Racial and ethnic relations
Sex, gender, sexual orientation discrimination
Women's employment

Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.