S. 1820 — Protecting Older Workers Against Discrimination Act

This section establishes a "motivating factor" standard—under which a protected characteristic or opposition activity suffices to prove an unlawful employment practice even if not the sole cause—for age discrimination claims under the Age Discrimination in Employment Act of 1967 (ADEA, 29 U.S.C. 623 et seq.), which prohibits employers, employment agencies, and unions from discriminating against individuals age 40 and older; race, color, religion, sex, or national origin discrimination claims under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and disability discrimination claims under Title I of the Americans with Disabilities Act of 1990 (ADA, 42 U.S.C. 12111 et seq.). (1) For the ADEA, the section adds standards of proof to section 4(g) allowing plaintiffs to use any admissible evidence sufficient for a reasonable factfinder; defines "demonstrates" in section 11(m) as meeting burdens of production and persuasion; limits remedies under section 7(b)(3) in mixed-motive cases—where the employer shows it would have taken the same action absent the forbidden factor—to declaratory or certain injunctive relief and attributable attorney's fees and costs, with no damages, admissions, reinstatement, hiring, promotion, or payment; and applies these changes to federal sector claims under section 15(h). (Thus, plaintiffs face a lower evidentiary bar but recover less in cases with legitimate alternative justifications.) (2) For Title VII, the section replaces section 703(m) with the motivating factor standard (striking the prior version) and applies it to federal sector claims under new section 717(g), with cross-references to remedies. (3) For the ADA, the section adds definitions and proof standards to sections 101(11) and 102(e); limits anti-retaliation remedies under section 503(c)(2); and adds section 107(c) limiting remedies in mixed-motive cases as under the ADEA.

This section establishes a severability clause, providing that if any provision of the Act or its amendments is held unconstitutional as applied to any person or circumstance, the remainder of the Act and its amendments remain effective.