Protecting Older Workers Against Discrimination Act of 2025

Easier standard for establishing discrimination: The bill establishes that an unlawful practice occurs when a protected factor—such as age, race, color, religion, sex, national origin, or disability—is a "motivating factor" for an employment practice, even if other factors also motivated that practice. (Section 2(a)(1), 2(b)(1), and 2(c)(2))

Clarification of legal burdens: The bill provides a specific definition for the term "demonstrates," stating that it means meeting the burdens of production and persuasion. (Section 2(a)(3) and 2(c)(1))

Limitations on legal remedies: If an individual proves a violation based on the "motivating factor" standard, but the employer demonstrates they would have taken the same action regardless of that factor, the court is prohibited from awarding damages, admissions, reinstatement, hiring, promotion, or payment. Instead, the court may only grant declaratory relief, injunctive relief, and certain attorney's fees and costs. (Section 2(a)(2)(B), 2(c)(4)(2))

Restrictions on relief for specific claims: For claims regarding age discrimination, the court's ability to award injunctive relief is subject to certain provisions. (Section 2(a)(2)(A))