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Protecting Older Workers Against Discrimination: New Proof Standards

This act makes it easier to prove discrimination based on age, gender, race, origin, or disability in the workplace. Even if other factors influenced an employer's decision, it's enough to show that discrimination was one of the motivating factors. This strengthens employee protection and simplifies claims.
Key points
Easier to prove discrimination: It's no longer required to show that age, gender, race, origin, or disability was the sole cause of an adverse employer decision. It's sufficient if it was one of the motivating factors.
Increased protection against discrimination: New rules apply to discrimination based on age, race, color, religion, sex, national origin, and disability.
Limited damages in some cases: If an employer proves they would have taken the same action even without the discriminatory motive, the court may only grant declaratory relief, injunctive relief, and attorney's fees, but not monetary damages or reinstatement.
Applicable to federal cases: The new evidentiary standards also apply to federal employees.
Study on discrimination: The act mandates studies on age discrimination, especially concerning women, and an analysis of disparities in pursuing claims for intersectional discrimination (e.g., age and gender).
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58%
VOTING RESULTS
2021-06-23
For 247
Against 178
Abstain 0
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Additional Information
Protecting Older Workers Against Discrimination Act of 2021
Print number: HR 2062
Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Process start date: 2021-03-18
Voting date: 2021-06-23
Meeting no: 1
Voting no: 180