Summary

Sets a uniform “motivating factor” proof standard across major federal anti-discrimination laws (Age Discrimination in Employment Act, Title VII, the Americans with Disabilities Act, and the Rehabilitation Act). It lets a plaintiff show discrimination by proving a protected trait was a motivating factor using any admissible evidence and without proving that trait was the sole cause, while also limiting certain remedies if the employer proves it would have taken the same action anyway. The changes apply to claims pending on or after the law’s enactment and include a severability clause.

Key Points

• Creates a uniform "motivating factor" proof standard across ADEA, Title VII, ADA, and the Rehabilitation Act.
• Permits plaintiffs to use any admissible evidence and requires only enough proof for a reasonable trier of fact; plaintiffs need not prove sole causation.
• Defines "demonstrates" to mean meeting the usual burdens of production and persuasion.
• Adds a defendant "same-action" defense that limits remedies when the defendant proves it would have taken the same action absent the impermissible factor.
• When the defendant proves the same-action defense, courts may award declaratory/injunctive relief and attorney's fees related to the motivating-factor claim, but not damages or orders of hiring/reinstatement/promotion/payment.
• Applies the new standards to federal employee claims under the affected statutes.
• Applies to claims pending on or after enactment, not only new claims, and includes a severability clause.
• Changes affect litigation strategy, enforcement by agencies (like the EEOC), and employer compliance practices.

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