Last progress May 20, 2025 (6 months ago)
Introduced on May 20, 2025 by Tammy Baldwin
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
This bill makes it easier for workers to prove discrimination in hiring, firing, pay, or other job actions. A worker only needs to show that age, disability, race, color, religion, sex, national origin, or protected activity (like opposing discrimination) was a motivating factor in what happened, even if other reasons also played a role. Workers can use any admissible evidence to make their case, and do not have to prove that the illegal reason was the only cause . These rules apply to private and public employers, including the federal government .
If a court finds that discrimination was a motivating factor, but the employer shows it would have made the same decision anyway, the court can order certain remedies like declarations, court orders to stop the practice, and attorney’s fees. But in that situation, the court cannot award money damages or require hiring, reinstatement, promotion, or back pay . The bill applies to claims that are pending on or after the date it becomes law .