Sec. 4. Amendment to the Age Discrimination in Employment Act
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Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by adding at the end the following: Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that is unlawful under this section if, at the time of the harassment— such individual was authorized by that employer— to undertake or recommend tangible employment actions affecting the employee; or to direct the employee’s daily work activities; or the negligence of the employer led to the creation or continuation of that hostile work environment. .
Section 4(d) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by striking or litigation under this Act. and inserting or litigation under this Act. Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that is unlawful under this subsection if, at the time of the harassment— such individual was authorized by that employer— to undertake or recommend tangible employment actions affecting the employee; or to direct the employee’s daily work activities; or the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. .
Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ) is amended by adding at the end the following: Subsections
(d)and
(n)of section 4 shall apply to retaliatory hostile work environment claims and hostile work environment claims, respectively, under this section. .
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