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HR 2852 113th Congress House

Protecting Older Workers Against Discrimination Act

Official title: To amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes.

Introduced: July 22, 2014 See on congress.gov
Labor and Employment Age discriminationCivil actions and liabilityDisability and health-based discriminationEmployment discrimination and employee rights
More subjectsShow fewer subjects
Evidence and witnessesGovernment employee pay, benefits, personnel managementRacial and ethnic relationsSex, gender, sexual orientation discrimination
This bill died when the 113th Congress ended
It never became law before the 113th Congress (2013–2014) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 13, 2013
Referred to the Subcommittee on Workforce Protections.
Jul 30, 2013
Referred to the House Committee on Education and the Workforce.
Jul 30, 2013
Introduced in House
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 Latest action September 13, 2013

Referred to the Subcommittee on Workforce Protections.

 Plain-English summary Congressional Research Service

Protecting Older Workers Against Discrimination Act - 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 practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims).

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. 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).

Authorizes the court, on 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. Prohibits the court in such an instance from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment.

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.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
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APA
U.S. Congress. (2026). H.R. 2852: Protecting Older Workers Against Discrimination Act. 113th Congress. Open America. https://openamerica.io/bill/113-HR-2852/
MLA
"H.R. 2852: Protecting Older Workers Against Discrimination Act." 113th Congress, 2026, Open America, https://openamerica.io/bill/113-HR-2852/.
Bluebook (legal)
H.R. 2852, 113th Cong. (2026), https://openamerica.io/bill/113-HR-2852/.
Markdown link
[H.R. 2852: Protecting Older Workers Against Discrimination Act](https://openamerica.io/bill/113-HR-2852/)
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