H.R. 3522 — Protecting Older Workers Against Discrimination Act of 2025

This section establishes a "motivating factor" causation standard—where age, race, color, religion, sex, national origin, disability, or protected opposition activity need only be a motivating factor in an employment practice, even if other factors also motivated it—for proving unlawful discrimination under the Age Discrimination in Employment Act of 1967 (ADEA), Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act of 1990 (ADA), and specified provisions of the Rehabilitation Act of 1973. (Thus, these standards apply to private employers, employment agencies, labor organizations, and federal employees covered by the respective statutes.) The section further amends remedies provisions in each law to limit relief in "mixed motive" cases—where the respondent proves it would have taken the same action absent the impermissible factor—to declaratory or injunctive relief (with exceptions) and attorney's fees and costs directly attributable to the motivating factor claim, while barring damages, back pay, or orders for admission, reinstatement, hiring, promotion, or payment. It defines "demonstrates" in the ADEA and ADA as meeting the burdens of production and persuasion.

This section provides a severability clause, stating that if any provision of the Act or its amendments, or their application to any person or circumstance, is held unconstitutional, the remainder of the Act, its amendments, and their applications remain in effect.