Easier proof of workplace discrimination based on age and other characteristics.
This Act makes it easier for employees to prove workplace discrimination, including based on age, race, sex, or disability. It requires the employee only to demonstrate that discrimination was a 'motivating factor' in the employer's decision, not the sole cause. This change strengthens legal protection for citizens in discrimination cases, but limits monetary damages if the employer proves they would have taken the same action regardless.
Key points
Change in proof standard: Employees only need to show that age (or another protected characteristic) was a 'motivating factor' in the employer's decision, not the 'sole cause'.
Stronger protection for older workers: Easier path to pursue claims under the Age Discrimination in Employment Act.
Limited remedies in 'mixed motive' cases: If the employer proves they would have taken the same action anyway, the court can grant declaratory relief and attorney's fees, but cannot award damages or require reinstatement.
Extends the 'motivating factor' standard to discrimination claims based on race, color, religion, sex, national origin, and disability (Title VII and ADA).
Expired
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