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Easier Proof of Workplace Discrimination Based on Age, Disability, and Race.

This law simplifies how employees prove discrimination claims related to age, disability, race, sex, or national origin in the workplace. It establishes the "motivating factor" standard, meaning discrimination only needs to be one reason for an adverse employment action, not the sole reason. This change applies to all pending and future discrimination cases.
Key points
Employees only need to show that a protected characteristic (like age or disability) was a "motivating factor" in the employer's decision, making it easier to establish a violation.
If the employer proves they would have taken the same action regardless, the employee cannot receive monetary damages or job reinstatement, but may still recover attorney's fees and obtain court orders against the practice.
The new standard of proof applies to claims under the Age Discrimination in Employment Act, the Civil Rights Act (Title VII), and the Americans with Disabilities Act.
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Additional Information
Print number: 118_HR_6581
Sponsor: Rep. Scott, Robert C. "Bobby" [D-VA-3]
Process start date: 2023-12-04