H.R. 2062Protecting Older Workers Against Discrimination Act of 2021

3 recorded actions231 of these members are on the 2026 ballotWhat the measure does Read on Congress.gov

Sponsor: Robert C. "Bobby" Scott [D-VA-03]
Cosponsors: 112 · 98 Democrats · 14 Republicans
Policy area: Labor and Employment
Committees: Education and Workforce Committee, Health, Education, Labor, and Pensions Committee
Latest action: Jun 24, 2021 · Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

IntroducedMar 18, 2021
Passed the HouseJun 23, 2021
Passed the SenateNot yet reached
Sent to the PresidentNot yet reached
Became lawNot yet reached

What the measure doesCRS summary

This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as mixed motive claims).

The bill (1) permits the 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 the 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 requires the complainant to prove that age was the but-for cause for the employer's decision).

The bill applies this evidentiary standard 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.

In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability.

The bill also includes reporting requirements for the Equal Employment Opportunity Commission and the Department of Labor.

Written by the nonpartisan Congressional Research Service, describing H.R. 2062 as passed House on Jun 23, 2021. It is not the text of the measure; a later amendment may have changed what it does.

Roll calls on H.R. 20623 roll calls on this measure

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Jun 23, 2021Each bar: ✓ Yea from the bottom, ✕ Nay aboveJun 23, 2021

How every member votedHouse roll call 180

House Jun 23, 2021 · the primary vote

On Passage

Protecting Older Workers Against Discrimination Act of 2021

Passed

247 Yea 178 Nay 5 not voting

Party-line vote 29 of 425 voting members broke with their own party: 29 Republicans.

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How the chamber split

One dot per member. Select a seat or a bar to filter the list.

DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present

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All members430 members

Democratic219 members

Republican211 members

marks half of the votes cast. A party’s majority is the side most of its voting members took.

Cosponsors112 · 98 Democrats · 14 Republicans

Signing on is not a vote: a member can cosponsor H.R. 2062 and vote against it. 13 signed when it was filed.

Who lobbied on H.R. 20629 organizations

Organizations that named H.R. 2062 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.

NATIONAL COMMITTEE TO PRESERVE SOCIAL SECURITY AND MEDICAREfiled by MARIA FREESE, NATIONAL COMMITTEE TO PRESERVE SOCIAL SECURITY AND MEDICAREIts PAC: National Committee to Preserve Social Security & Medicare PAC

Retirement · Budget/Appropriations · Civil Rights/Civil Liberties · Government Issues +1 more14 filings · 4th Quarter (Oct 1 - Dec 31) 2022Filing

AMAC ACTION, INC.filed by SCHOENING STRATEGIES

Taxation/Internal Revenue Code · Government Issues · Health Issues · Retirement +2 more8 filings · 4th Quarter (Oct 1 - Dec 31) 2022Filing

ALLIANCE FOR RETIRED AMERICANSIts PAC: Alliance for Retired Americans Political Action Fund

Health Issues · Medicare/Medicaid · Retirement · Taxation/Internal Revenue Code +12 more7 filings · 4th Quarter (Oct 1 - Dec 31) 2022Filing

AMERICAN FED OF GOVERNMENT EMPLOYEES AFL-CIOfiled by AMERICAN FED OF GOVERNMENT EMPLOYEES, AFL-CIO

Veterans · Homeland Security · Budget/Appropriations · Government Issues +12 more3 filings · 4th Quarter (Oct 1 - Dec 31) 2021Filing

LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS

Civil Rights/Civil Liberties · Housing · District of Columbia · Government Issues +10 more3 filings · 3rd Quarter (July 1 - Sep 30) 2021Filing

AARP

Financial Institutions/Investments/Securities · Civil Rights/Civil Liberties · Agriculture · Taxation/Internal Revenue Code +14 more2 filings · 4th Quarter (Oct 1 - Dec 31) 2021Filing

AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEESfiled by AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES

Labor Issues/Antitrust/Workplace · Law Enforcement/Crime/Criminal Justice · Medicare/Medicaid · Insurance +18 more2 filings · 3rd Quarter (July 1 - Sep 30) 2021Filing

SOCIETY FOR HUMAN RESOURCE MANAGEMENT

Taxation/Internal Revenue Code · Retirement · Civil Rights/Civil Liberties · Immigration +3 more2 filings · 4th Quarter (Oct 1 - Dec 31) 2021Filing

INTERNATIONAL BROTHERHOOD OF TEAMSTERSIts PAC: D.R.I.V.E. - DEM, REP, IND Voter Ed

Postal · Civil Rights/Civil Liberties · Taxation/Internal Revenue Code · Foreign Relations +15 more1 filing · 2nd Quarter (Apr 1 - June 30) 2021Filing

42 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.