Bill · S. 1820· Senate(119-S-1820)
Protecting Older Workers Against Discrimination Act
- Introduced
- 5/20/2025
- Last activity
- 5/20/2025 — Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Sponsored by
- Tammy Baldwin
- Cosponsors
- - 1 - 1
- Introduced
- In Committee
What this bill would do
The "Protecting Older Workers Against Discrimination Act" aims to amend several existing laws, including the Age Discrimination in Employment Act of 1967. It seeks to clarify standards for Federal employment discrimination and retaliation claims. The bill changes how unlawful practices are established by focusing on "motivating factors" rather than requiring a single cause. It also updates the standards of proof and definitions of demonstration for various civil rights acts. These changes apply to claims pending on or after the date of enactment.
Yes· 3 of 12
Would people over 65 be better off under this?+5
The bill lowers the evidentiary bar for proving age discrimination in employment.
Would people with disabilities be better off under this?+5
The bill eases the burden of proof for demonstrating disability discrimination in employment.
Would retired people be better off under this?+5
The bill strengthens protections against age discrimination in employment.
The opposite
Would business owners be better off under this?-3
The bill increases the risk of liability for employers by easing the proof required for discrimination claims.
Who it would affect, and how
Potential Positive Impacts for People
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Easier Proof for Discrimination Claims: Under Section 2(a)(1), a complaining party can establish an unlawful practice if they show that age was a "motivating factor," even if other factors were involved. This means the person does not have to prove that age was the "sole cause" of the employment practice.
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Flexibility in Evidence: According to Section 2(a)(2)(A), individuals may rely on "any type or form of admissible evidence" to show that an unlawful practice occurred, provided there is enough evidence for a reasonable trier of fact to make a finding.
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Expanded Protections for Civil Rights: Section 2(b)(1) establishes that an unlawful employment practice exists when race, color, religion, sex, or national origin is a "motivating factor," even if other factors also motivated the practice.
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Protections for Disability Discrimination: Section 2(c)(2) establishes that a discriminatory practice is found when a disability is a "motivating factor" for an employment practice, regardless of other motivating factors.
Potential Negative Impacts for People
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Limitations on Remedies for Motivating Factor Claims: Under Section 2(a)(2)(3)(B), if a respondent demonstrates they would have taken the same action without the motivating factor, the court "shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment."
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Reduced Financial Recovery for Disability Claims: Section 2(c)(4)(2) states that if a respondent demonstrates they would have taken the same action without the disability being a motivating factor, the court "shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment."
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For People With Disabilities+5Good For Retirees+5Good For Seniors+5Good For African Americans+3Good For Asian Americans+3Good For Hispanic Americans+3Good For Native Americans+3Good For White Americans+3Good For Women+3Good For Business Owners-3
- Social Issues And Justice
- Improves Disability Rights+3Improves Gender Equality+3Improves Racial Equity+3
- 5/20/2025
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2 Cosponsors added.
- Introduced in Senate
Chuck GrassleyRepublican · Iowa
Sheldon WhitehouseDemocrat · Rhode Island