Sec. 205. Clarifying other standards of proof

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Section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ) is amended by adding at the end the following: The term demonstrates means meets the burdens of production and persuasion. . Section 11 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 630 ) is amended by adding at the end the following: The term demonstrates means meets the burdens of production and persuasion. . Section 201 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff ) is amended by adding at the end the following:

The term demonstrates means meets the burdens of production and persuasion. . Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ) is amended by striking subsection

(m)and inserting the following: Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex, or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice. . Section 102 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112 ) is amended by adding at the end the following: Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection

(a)or

(b)of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. In establishing a discriminatory practice under paragraph

(a)or

(b)of section 503 was the sole cause of an employment practice. . Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by inserting after subsection

(f)the following: Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection

(d)was a motivating factor for any practice, even though other factors also motivated the practice. In establishing an unlawful practice under this Act, including under paragraph

(d)was the sole cause of a practice. . Section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ), as amended by section 204(c)(5), is further amended by adding at the end the following: Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that genetic information or an activity protected by section 207(f) was a motivating factor for any employment practice, even though other factors also motivated the practice. In establishing an unlawful employment practice under paragraph

(1)or by any other method of proof, a complaining party— may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful employment practice occurred under this title; and shall not be required to demonstrate that genetic information or an activity protected by section 207(f) was the sole cause of an employment practice. . Section 503(c) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12203(c) ) is amended— by striking The remedies and inserting the following: Except as provided in paragraph (2), the remedies ; and by adding at the end the following: Section 107(c) shall apply to claims under section 102(e)(1) with respect to title I. . Section 4(d) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(d) ) is amended— by striking

(d)It shall be and inserting (d)(1) It shall be ; and by adding at the end the following: Section 7(b)(2) shall apply to claims under section 4(g)(1). . Section 207(f) of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–6(f) ) is amended— by striking No and inserting the following: No ; in the second sentence, by striking The remedies and inserting Except as provided in paragraph (2), the remedies ; and by adding at the end the following: Subsection

(g)shall apply to claims under section 202(d)(1). . Section 107 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117 ) is amended by adding at the end the following: On a claim in which an individual demonstrates that disability was a motivating factor for any employment practice, under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. . Section 7 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626 ) is amended— in subsection (b), as amended by section 203(b)— in the second sentence, by striking In and inserting Subject to paragraph (2), in ; in the third sentence, by striking Before and inserting the following: Before ; and by inserting before paragraph (3), as designated by clause (ii), the following: On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. ; and in subsection (c)— in paragraph (1), by striking Any and inserting Subject to subsection (b)(2), any ; and in paragraph (2), by striking of any issue of fact and all that follows through the period and inserting under the same circumstances as a trial by jury is available under title VII of the Civil Rights Act of 1964 ( . 42 U.S.C. 2000e et seq.). Section 207 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–6 ) is amended— by redesignating subsection

(g)as subsection (h); and by inserting after subsection

(f)the following: On a claim in which an individual demonstrates that genetic information was a motivating factor for any employment practice, under section 202(e)(1), including a claim involving an employee or applicant described in any of subsections

(a)through (e), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court or the corresponding decisionmaker specified in subsections

(a)through (e)— may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 202(d)(1); and shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. . Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) is amended by adding at the end the following: Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section. . The amendment made by subsection

(f)to section 501(f) of the Rehabilitation Act of 1973 ( 29 U.S.C. 791(f) ) shall be construed to apply to all employees covered by section 501 of that Act ( 29 U.S.C. 791 ). Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ) is amended— in subsection (a)— by striking States) in and inserting States) shall be made free from any discrimination based on age, in— ; by striking military departments and inserting the following: military departments ; by striking Code, in executive agencies and inserting the following: “Code; executive agencies ; by striking funds), in the United States Postal and inserting the following: “funds); the United States Postal ; by striking Commission, in those units and inserting the following: “Commission; those units ; by striking competitive service, and in those units and inserting the following: “competitive service; those units ; by striking competitive service, in the Smithsonian and inserting “competitive service; the Smithsonian ; by striking Institution, and in the Government and inserting “Institution; the Government ; by striking Printing Office, the General and inserting “Printing Office; the General ; by striking Office, and the Library and inserting “Office; and the Library ; and by striking of Congress and all that follows and inserting of Congress. ; in subsection (b), by striking the first, second, third, fourth, and sixth sentences; in subsection (c), by striking Any person and inserting Notwithstanding any other provision of this Act, any person ; by striking subsection

(g)and inserting the following: Except as otherwise provided in another subsection of this section, section 7, or section 9, the powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of subsection

(a)against an employee or applicant for employment described in subsection (a). ; and by adding at the end the following: Section 4(g) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section. . Sections 501(f), 503(d), and 504(d) of the Rehabilitation Act of 1973 ( 29 U.S.C. 791(f) , 793(d), and 794(d)), are each amended by adding after the words title I of the Americans with Disabilities Act of 1990 ( the following: 42 U.S.C. 12111 et seq.) , including the standards of causation and methods of proof applied under section 102(e) of that Act ( . 42 U.S.C. 12112(e) ), Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 ) is amended— in subsection (a)(2), by striking section 15 of the Age Discrimination in Employment Act of 1967 ( and inserting 29 U.S.C. 633a ) sections 4(g) and 15 of the Age Discrimination in Employment Act of 1967 ( ; and 29 U.S.C. 623(g) , 633a) in subsection (b)— in paragraph (2)(A), by striking section 15(c) of the Age Discrimination in Employment Act of 1967 ( and inserting 29 U.S.C. 633a(c) ) section 4(d)(2), paragraphs

(1)and

(2)of section 7(b), and section 15(c) of the Age Discrimination in Employment Act of 1967 ( ; and 29 U.S.C. 623(d)(2) , 626(b), 633a(c)) in paragraph (3)(A), by striking section 107(a) of the Americans with Disabilities Act of 1990 ( and inserting 42 U.S.C. 12117(a) ) subsections

(a)and

(c)of section 107, and section 503(c)(2), of the Americans with Disabilities Act of 1990 ( . 42 U.S.C. 12117 , 12203) Section 411 of title 3, United States Code, is amended— in subsection (a)(2), by striking section 15 of the Age Discrimination in Employment Act of 1967 and inserting sections 4(g) and 15 of the Age Discrimination in Employment Act of 1967 ; and in subsection (b)— in paragraph (2)(A), by striking section 15(c) of the Age Discrimination in Employment Act of 1967 and inserting section 4(d)(2), paragraphs

(1)and

(2)of section 7(b), and section 15(c) of the Age Discrimination in Employment Act of 1967 ; and in paragraph (3)(A), by striking section 107(a) of the Americans with Disabilities Act of 1990 and inserting subsections

(a)and

(c)of section 107, and section 503(c)(2), of the Americans with Disabilities Act of 1990 . Section 302 of the Government Employee Rights Act of 1991 ( 42 U.S.C. 2000e–16b ) is amended— in subsection (a)(2), by striking section 15 of the Age Discrimination in Employment Act of 1967 ( and inserting 29 U.S.C. 633a ) sections 4(g) and 15 of the Age Discrimination in Employment Act of 1967 ( ; and 29 U.S.C. 623(g) , 633a) in subsection (b)— in paragraph (1), by inserting (and, in the case of a violation of subsection (a)(3), sections 107(c) and 503(c)(2) of the Americans with Disabilities Act of 1990 ( before 42 U.S.C. 12117(c) , 12203(c)(2))) , and ; and in paragraph (2), by striking section 15(c) of the Age Discrimination in Employment Act of 1967 ( and inserting 29 U.S.C. 633a(c) ) section 4(d)(2), paragraphs

(1)and

(2)of section 7(b), and section 15(c) of the Age Discrimination in Employment Act of 1967 ( . 29 U.S.C. 623(d)(2) , 626(b), 633a(c)) This section, and the amendments made by this section, shall apply to all claims pending on or after the date of enactment of this Act.

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