Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends 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).

Highlights:

• Amends the Age Discrimination in Employment Act of 1967 to specify that an unlawful practice is established when a complaining party demonstrates that age or a protected activity was a motivating factor for any practice, even though other factors also motivated the practice (Sec. 2).

• Specifies that when establishing an unlawful practice, the complaining party (Sec. 2):

• May rely on any type or form of admissible evidence; and

• Cannot be required to demonstrate that age or a protected activity protected was the sole cause of the practice.  

• Specifies that an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, national origin, or a protected activity was a motivating factor for any employment practice, even though other factors also motivated the practice (Sec. 2).

• Amends the Americans with Disabilities Act to specify that a discriminatory practice is established when the complaining party demonstrates that disability or a protected activity was a motivating factor for any employment practice (Sec. 2).

• Requires the Secretary of Labor and the Equal Employment Opportunity Commission (EEOC) to 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. 5). 

• Requires the EEOC to submit a report to Congress containing an analysis of any disparities that covered individuals face in pursuing relief from employment discrimination under the mixed-motive evidentiary standard (Sec. 7).

• Defines “covered individuals” as those who face discrimination in employment based on characteristics protected under the Age Discrimination in Employment Act combined with one or more intersectional characteristics protected under the Civil Rights Act, the Americans with Disabilities Act, or the Rehabilitation Act (Sec. 7).

Full Bill Text

Full Bill Text