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S. 485 116th Congress Senate

Protecting Older Workers Against Discrimination Act

Official title: A bill 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: February 14, 2019 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 116th Congress ended
It never became law before the 116th Congress (2019–2020) 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 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 14, 2019
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Feb 14, 2019
Introduced in Senate
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 Latest action February 14, 2019

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

 Plain-English summary Congressional Research Service

Protecting Older Workers Against Discrimination Act

This bill amends the Age Discrimination in Employment Act of 1967 to establish an unlawful employment practice 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 the employment practice (thereby rejecting the Supreme Court's decision in Gross v. FBL Financial Services, Inc., which required a complainant to prove that age was the "but-for" cause for the employer's decision).

The bill authorizes a court in a claim in which age discrimination is shown to grant declaratory and injunctive relief, but prohibits a court 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, and the Rehabilitation Act of 1973.

 Related & companion bills 1
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 485: Protecting Older Workers Against Discrimination Act. 116th Congress. Open America. https://openamerica.io/bill/116-S-485/
MLA
"S. 485: Protecting Older Workers Against Discrimination Act." 116th Congress, 2026, Open America, https://openamerica.io/bill/116-S-485/.
Bluebook (legal)
S. 485, 116th Cong. (2026), https://openamerica.io/bill/116-S-485/.
Markdown link
[S. 485: Protecting Older Workers Against Discrimination Act](https://openamerica.io/bill/116-S-485/)
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