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Protecting Older Workers Against Discrimination Act
Legislative Progress
Introduced
June 24, 2016
Latest Action
September 19, 2016
Primary Sponsor
Robert C. "Bobby" ScottDemocratic(VA)
Momentum (last 30 days)
0
score
0 actions · 0 new cosponsors · 0 votes
Speed vs cohort
80pct
87d open
vs 6,526 other HR bills in the 114th — cohort avg 56d
Protecting Older Workers Against Discrimination Act This bill amends the Age Discrimination in Employment Act of 1967 to specify that an unlawful employment practice is established when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims). The bill: (1) permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of a practice (thereby rejecting the Supreme Court decision in Gross v. FBL Financial Services, Inc. , which requires a complainant to prove that age was the "but-for" cause for the employer's decision). The bill: (1) authorizes a court, in a claim in which an individual demonstrates that age was a motivating factor for any employment practice and in which a respondent demonstrates that the same action would have been taken in the absence of the impermissible motivating factor, to grant declaratory relief, injunctive relief, and attorney's fees and costs directly attributable only to the pursuit of a claim; and (2) prohibits a court in such an instance from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. The bill applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, and similar laws concerning federal employees.
These links require the bill number to appear in the filing's source-reported specific issue text. Client expenses and lobbying-firm income are separate disclosure fields.
Filing registrants (3)
S. 2943, H.R. 4909, National Defense Authorization Act for FY2017 - Opposed provisions that exempt defense contractors from the Fair Pay and Safe Workplaces Executive Order. S. 2180, H.R. 5574, Protecting Older Workers Against Discrimination Act - Supported bill. S. 3040, H.R. 5926, H.R. 5325, H.R. 2028, Labor, Health and Human Services Appropriations bill, FY2017 - Lobbied in opposition to policy riders adverse to AARP interests, including several fair labor standard and financial security policy riders.
Referred to the Subcommittee on Workforce Protections.
Referred to the House Committee on Education and the Workforce.
Introduced in House
Congress.gov source codes: 1000, Intro-H
Bills with similar content found using semantic analysis.
Sources: Congress.gov
Client expense: $2,530,000 · Firm income: Not reported
Government targets: Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Equal Employment Opportunity Commission (EEOC), Federal Transit Administration (FTA), Food & Drug Administration (FDA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Institutes of Health (NIH), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office
S. 2180, H.R. 5574, Protecting Older Workers Against Discrimination Act - Supported bill. S. 2943, H.R. 4909, National Defense Authorization Act for FY2017 - Opposed provisions that exempt defense contractors from the Fair Pay and Safe Workplaces Executive Order. H.R. 2028, Further Continuing and Security Assistance Appropriations Act of 2017 - Opposed provisions that exempt defense contractors from the Fair Pay and Safe Workplaces Executive Order. Discussed outstanding agenda with EEOC.
Client expense: $2,530,000 · Firm income: Not reported
Government targets: Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Equal Employment Opportunity Commission (EEOC), Federal Transit Administration (FTA), Food & Drug Administration (FDA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Institutes of Health (NIH), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), White House Office
2016 · fourth_quarter · Labor Issues/Antitrust/Workplace
S. 1150/H.R. 2150, Raise the Wage Act H.R. 2654/ S. 1512, Pregnant Workers Fairness Act H.R. 5574/S. 2180, Protecting Older Workers Against Discrimination Act H.R.932/S.497, Healthy Families Act H.R. 1439/S.786, Family and Medical Insurance Leave Act S. 2042/H.R.3514, Workplace Action for a Growing Economy (WAGE) Act
Client expense: $335,275 · Firm income: Not reported
Government targets: Bureau of the Census, Consumer Financial Protection Bureau (CFPB), Education, Dept of, Executive Office of the President (EOP), Federal Communications Commission (FCC), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Office of Management & Budget (OMB), Office of the Comptroller of the Currency (OCC), SENATE, Transportation, Dept of (DOT), Treasury, Dept of
H.R. 711, The Equal Treatment of Public Servants Act - Supported, lobbied and testified on behalf of bill. Lobbied House and Senate members on Social Security solvency. S. 1719, H.R. 3099, RAISE Family Caregivers Act - Urged cosponsorship and House passage of legislation. S. 2759, H.R. 4708, Credit for Caring Act - Urged co-sponsorship. Discussed family caregivers and medical training, state legislation and federal regulations. Discussed older worker employment programs including the Senior Community Service Employment Program (SCSEP) under the Older Americans Act. S. 3040, H.R. 5926, H.R. 5325, Labor, Health and Human Services Appropriations, FY2017 - Lobbied in support of funding for various programs, including caregiving, supportive services and community service programs. S. 2180, H.R. 5574, Protecting Older Workers Against Discrimination Act - Discussed support of bill. Discussed elder abuse registry bill. Discussed Family Caregiving Across Subpopulations Hill briefing and held briefing on family caregiving for people with Alzheimer's/dementia, intellectual/development disabilities, veterans and people with mental health needs. Discussed and urged Member offices to join Assisting Caregivers Today (ACT) Caucus. Discussed Prepare to Care, family caregiving, and brain health. H.R. 2668, National Care Corps Act - Discussed bill as well as long-term services and supports financing, and ACT Caucus. Discussed National Family Caregiver Support Program.
Client expense: $2,290,000 · Firm income: Not reported
Government targets: Agency for Healthcare Research & Quality (AHRQ), Centers For Disease Control & Prevention (CDC), Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Congressional Budget Office (CBO), Federal Transit Administration (FTA), Food & Drug Administration (FDA), Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Labor, Dept of (DOL), Natl Institutes of Health (NIH), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Social Security Administration (SSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), Veterans Affairs, Dept of (VA), White House Office
S. 2180, H.R. 5574, Protecting Older Workers Against Discrimination Act - Supported bill. S. 2943, H.R. 4909, National Defense Authorization Act for FY2017 - Opposed provisions that exempt defense contractors from the Fair Pay and Safe Workplaces Executive Order.
Client expense: $2,290,000 · Firm income: Not reported
Government targets: Agency for Healthcare Research & Quality (AHRQ), Centers For Disease Control & Prevention (CDC), Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Congressional Budget Office (CBO), Federal Transit Administration (FTA), Food & Drug Administration (FDA), Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Labor, Dept of (DOL), Natl Institutes of Health (NIH), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Social Security Administration (SSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), Veterans Affairs, Dept of (VA), White House Office
S. 2943, H.R. 4909, National Defense Authorization Act for FY2017 - Opposed provisions that exempt defense contractors from the Fair Pay and Safe Workplaces Executive Order. S. 2180, H.R. 5574, Protecting Older Workers Against Discrimination Act - Supported bill. Discussed support of DOL rule for state retirement savings and city/municipal retirement savings. S. 3040, H.R. 5926, H.R. 5325, Labor, Health and Human Services Appropriations bill, FY2017 - Lobbied in opposition to policy riders adverse to AARP interests, including several fair labor standard and financial security policy riders. Discussed elder care and family caregiving (DOL).
Client expense: $2,290,000 · Firm income: Not reported
2016 · third_quarter · Labor Issues/Antitrust/Workplace
S. 1150/H.R. 2150, Raise the Wage Act H.R. 2654/ S. 1512, Pregnant Workers Fairness Act H.R. 5574/S. 2180, Protecting Older Workers Against Discrimination Act H.R.932/S.497, Healthy Families Act H.R. 1439/S.786, Family and Medical Insurance Leave Act S. 2042/H.R.3514, Workplace Action for a Growing Economy (WAGE) Act
Client expense: $391,841 · Firm income: Not reported
Government targets: Bureau of the Census, Consumer Financial Protection Bureau (CFPB), Education, Dept of, Executive Office of the President (EOP), Federal Communications Commission (FCC), Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency (FHFA), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Office of Management & Budget (OMB), Office of the Comptroller of the Currency (OCC), SENATE, Transportation, Dept of (DOT), Treasury, Dept of
2016 · second_quarter · Civil Rights/Civil Liberties
H.R. 548, Certainty in Enforcement Act of 2015 H.R. 549, Litigation Oversight Act of 2015 H.R. 550, Equal Employment Opportunity Commission Transparency and Accountability Act H.R. 1189/S. 620, Preserving Employee Wellness Programs Act H.R. 2654/S. 1512, Pregnant Workers Fairness Act H.R. 2800/S. 1590, Pregnancy Discrimination Amendment Act H.R. 3470/S. 2021, Fair Chance Act H.R. 3765, ADA Education and Reform Act of 2015 H.R. 5393/S. 2837, Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017, including provisions relating to funding the Equal Employment Opportunity Commission H.R. 5574/ S. 2180, Protecting Older Workers Against Discrimination Act S. 875, Workplace Advancement Act S. 1858, Equality Act S. 2070, Gender Advancement in Pay (GAP) Act S. 2693, EEOC Reform Act Notice of Proposed Revision to the employer information report (81 Fed. Reg. 5,113, February 1, 2016) Notice of Proposed Rulemaking relating to amendments to regulations under the Americans with Disabilities Act (80 Fed. Reg. 21,659, April 20, 2015) Notice of Proposed Rulemaking relating to amendments to regulations under the Genetic Information Nondiscrimination Act of 2008 (80 Fed. Reg. 66,853, October 30, 2015) Notice of Proposed Rulemaking relating to requirement to report summary data on employee compensation (79 Fed. Reg. 46,561, August 8, 2014) Various issues relating to employer use of employee credit history; employer consideration of applicant employment status; EEOC Strategic Plan; EEOC Strategic Enforcement Plan; OFCCP interpretation of its jurisdiction
Client expense: $22,770,000 · Firm income: Not reported
H.R. 711, The Equal Treatment of Public Servants Act - Supported, lobbied and testified on behalf of bill. Lobbied House and Senate members on Social Security solvency. Lobbied Judiciary Committee in opposition of the balanced budget amendment. Wrote letter in opposition. S. 1719, H.R. 3099, RAISE Family Caregivers Act - Urged cosponsorship and House action on legislation. Discussed Dear Colleague letters. S.1719, RAISE Family Caregivers Act - Discussed action on the bill and shared relevant information. S. 2759, H.R. 4708, Credit for Caring Act - Discussed proposed tax credit for family caregivers. Discussed bill introduction and sent endorsement letter. Gave heads up on thank you ads. Discussed event related to bill. Urged co-sponsorship. Discussed bill supporters' Dear Colleague letter requesting cost estimation on bill. S. 2759, Credit for Caring Act - Discussed request for family caregiver story from Iowa. H.R. 3913, Lifespan Respite Care Reauthorization Act - Discussed bill. Shared AARP reports on family caregiving. (no bill #) S. 3065, H.R. 5456, Family First Preventive Services Act - Discussed bill. S. 879, Americans Giving Care to Elders Act - Discussed and provided our position on the bill. Attended meeting of the Health Aging Workgroup at the CDC to discuss their healthy aging report (also in attendance: ACL, Surgeon Generals office). Discussed older worker employment programs including the Senior Community Service Employment Program (SCSEP) under the Older Americans Act. S. 3040, Labor, Health and Human Services Appropriations, FY2017 - Lobbied in support of funding for various programs, including caregiving, supportive services and community service programs. S. 2180, H.R. 5574, Protecting Older Workers Against Discrimination Act - Discussed support of bill. Discussed elder abuse registry bill. Participated in CMS caregiver workgroup. Discussed family caregiving briefing with staff from ACL, CMS and the VA. Responded to inquiry regarding Medicare form to share information with family caregivers. Participated in ACL meeting on guardianship. Attended the Elder Justice Coordinating Council meeting. Discussed elder care and family caregiving (DOL). Responded to inquiry regarding AARP Tax-Aide visit. S. 3113, H.R. 3090, Alzheimer's Caregiver Support Act - Discussed bill. RSVP'd for CMS caregiving workgroup meeting. Discussed family caregiving. Extended invitations to speak at and attend the Family Caregiving 101 Hill briefing. Discussed logistics for Family Caregiving Across Subpopulations Hill briefing. Extended briefing invitations. Discussed and urged Member offices to join Assisting Caregivers Today (ACT) Caucus.
2016 · second_quarter · Labor Issues/Antitrust/Workplace
S. 1150/H.R. 2150, Raise the Wage Act H.R. 2654/ S. 1512, Pregnant Workers Fairness Act H.R. 5574/S. 2180, Protecting Older Workers Against Discrimination Act H.R.932/S.497, Healthy Families Act H.R. 1439/S.786, Family and Medical Insurance Leave Act S. 2042/H.R.3514, Workplace Action for a Growing Economy (WAGE) Act
Client expense: $310,376 · Firm income: Not reported
Government targets: Bureau of the Census, Consumer Financial Protection Bureau (CFPB), Education, Dept of, Executive Office of the President (EOP), Federal Communications Commission (FCC), Federal Housing Finance Agency (FHFA), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT), Treasury, Dept of
Government targets: Agency for Healthcare Research & Quality (AHRQ), Centers For Disease Control & Prevention (CDC), Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Congressional Budget Office (CBO), Federal Transit Administration (FTA), Food & Drug Administration (FDA), Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Labor, Dept of (DOL), Natl Institutes of Health (NIH), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Social Security Administration (SSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), Veterans Affairs, Dept of (VA), White House Office
Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Industry and Security (BIS), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Financial Protection Bureau (CFPB), Consumer Product Safety Commission (CPSC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Education, Dept of, Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Bureau of Investigation (FBI), Federal Communications Commission (FCC), Federal Reserve System, Federal Trade Commission (FTC), General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Occupational Safety & Health Administration (OSHA), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation Security Administration (TSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Copyright Office, U.S. Customs & Border Protection, U.S. Fish & Wildlife Service (USFWS), U.S. Geological Survey (USGS), U.S. Trade Representative (USTR), White House Office
Client expense: $2,060,000 · Firm income: Not reported
Government targets: Agency for Healthcare Research & Quality (AHRQ), Centers For Disease Control & Prevention (CDC), Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Congressional Budget Office (CBO), Equal Employment Opportunity Commission (EEOC), Federal Transit Administration (FTA), Food & Drug Administration (FDA), Government Accountability Office (GAO), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Labor, Dept of (DOL), Natl Institutes of Health (NIH), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Social Security Administration (SSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Trade Representative (USTR), Veterans Affairs, Dept of (VA), White House Office