Protecting Older Workers Against Discrimination Act

Summary

Creates a uniform "motivating factor" (mixed-motive) standard across federal employment-discrimination laws so a worker can show that a protected trait (like age, sex, race, or disability) was a motivating factor in an adverse employment action even if other factors also played a role. It also limits remedies when an employer proves it would have taken the same action absent the discriminatory motive, while preserving declaratory or injunctive relief and attorney's fees tied to the claim. The changes apply to federal employees and to any claims pending on or after the law's enactment and include a severability rule.

• Adds a uniform "motivating factor" (mixed-motive) standard to ADEA, Title VII, ADA, and the Rehabilitation Act.
• Defines "demonstrates" to require meeting both production and persuasion burdens of proof.
• Extends the new mixed-motive rules explicitly to federal employees under each statute's federal-employee provisions.
• Establishes a "same-action" defense that, if proved by the employer, bars damages and orders for hiring, reinstatement, promotion, or payment related to the contested action.
• Preserves declaratory relief, injunctive relief, and attorney's fees/costs attributable to the motivating-factor claim even if the employer proves the same-action defense.
• Applies retroactively to any claim pending on or after the date of enactment and prospectively thereafter.
• Includes a severability clause so other provisions remain effective if part of the Act is invalidated.
• Likely shifts litigation dynamics: may increase mixed-motive claims but reduce recoverable monetary remedies where employers succeed on the same-action defense.