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

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

Bill Text

  • Rules Committee Print 117-6 PDF

    Showing the text of H.R. 2062, as ordered reported by the Committee on Education and Labor.

Rule Information

COMMITTEE ACTION:
REPORTED BY VOICE VOTE on Tuesday, June 22, 2021.

MANAGERS: Morelle/Burgess

1. Structured rule for H.R. 2062.
2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-6, modified by the amendment printed in part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Provides that following debate, each further amendment printed in part B of the Rules Committee report not earlier considered as part of amendments en bloc pursuant to section 3 shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before the question is put thereon, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Provides that at any time after debate the chair of the Committee on Education and Labor or his designee may offer amendments en bloc consisting of further amendments printed in part B of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
8. Waives all points of order against the amendments printed in part B of the Rules Committee report or amendments en bloc described in section 3 of the resolution.
9. Provides one motion to recommit.

10. Closed rule for H.R. 239.
11. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Veterans' Affairs or their designees.
12. Waives all points of order against consideration of the bill.
13. Provides that the bill shall be considered as read.
14. Waives all points of order against provisions in the bill.
15. Provides one motion to recommit.
16. Closed rule for H.R. 1443.
17. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services or their designees.
18. Waives all points of order against consideration of the bill.
19. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 117-7 shall be considered as adopted and the bill, as amended, shall be considered as read.
20. Waives all points of order against provisions in the bill, as amended.
21. Provides one motion to recommit.
22. Closed rule for S.J. Res. 13.
23. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor or their designees.
24. Waives all points of order against consideration of the joint resolution.
25. Provides that the joint resolution shall be considered as read.
26. Waives all points of order against provisions in the joint resolution.
27. Provides one motion to commit.
28. Closed rule for S.J. Res. 14.
29. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their designees.
30. Waives all points of order against consideration of the joint resolution.
31. Provides that the joint resolution shall be considered as read.
32. Waives all points of order against provisions in the joint resolution.
33. Provides one motion to commit.
34. Closed rule for S.J. Res. 15.
35. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services or their designees.
36. Waives all points of order against consideration of the joint resolution.
37. Provides that the joint resolution shall be considered as read.
38. Waives all points of order against provisions in the joint resolution.
39. Provides one motion to commit.
40. House Resolution 485 is hereby adopted.
41. Provides that at any time through the legislative day of Friday, June 25, 2021, the Speaker may entertain motions offered by the Majority Leader or a designee that the House suspend the rules with respect to multiple measures that were the object of motions to suspend the rules on the legislative days of June 22 or 23, 2021, and on which the yeas and nays were ordered and further proceedings postponed. The Chair shall put the question on any such motion without debate or intervening motion, and the ordering of the yeas and nays on postponed motions to suspend the rules with respect to such measures is vacated.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Garcia, Sylvia (TX)DemocratCodifies ADEA protections for job applicants in addition to current employees; seeks to rectify confusion in ADEA protections for applicants versus employees under the Villarreal v. R.J. Reynolds Tobacco Co. and the Kleber v. CareFusion Corp. decisions.Submitted
2Version 1Davis, Rodney (IL), Pingree (ME)Bi-PartisanRequires the Secretary of the Department of Labor and the Chair of the Equal Employment Opportunity Commission to conduct a study to determine the number of older adult women who may have been adversely impacted by age discrimination as a motivating factor in workplace discrimination or employment. Requires the report to be submitted to Congress and made publicly available within one year and would require a recommendation on best practices to combat gender and age discrimination in the workplace.Submitted
3Version 1Scott, Bobby (VA)DemocratMANAGER’S AMENDMENT Makes a technical change to H.R. 2062 by removing language that conflicts with Title VII of the Civil Rights Act regarding the burdens of persuasion under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).Submitted
4Version 3Brown (MD)DemocratRevised Requires the Equal Employment Opportunity Commission (EEOC) to submit yearly reports to Congress on the number of age discrimination claims brought under this Act.Revised
5Version 1Foxx (NC)RepublicanStrikes the provisions allowing mixed-motive retaliation claims.Submitted
6Version 1Allen (GA)RepublicanRequires a GAO study on whether the Supreme Court's decisions in the Gross and Nassar cases have discouraged age discrimination charges and Title VII of the Civil Rights Act of 1964 retaliation charges and whether the success rates of age discrimination and Title VII retaliation court cases have decreased following the Supreme Court's decisions in Gross and Nassar. Prevents the bill from taking effect if such charges have not decreased and such success rates have not decreased.Submitted
7Version 1Good (VA)RepublicanAdds a finding that, under the bill, nearly all successful plaintiffs will not receive any damages, other payments, or reinstatement, but their attorneys will be awarded fees and costs, on which the successful plaintiffs may owe income tax.Submitted
8Version 1McClain (MI)RepublicanClarifies that an Americans with Disabilities Act mixed-motive claim under the bill may not rely solely on the fact that an employer has engaged in an interactive process with an employee or job applicant to determine a reasonable accommodation.Submitted
9Version 1Tiffany, Thomas (WI), Perry (PA)RepublicanBars the federal government, or any entity that accepts federal funds, from intentionally discriminating against or granting preferential treatment to any person based in whole or in part on race, color, sex, ethnicity or national origin in hiring, contracting, subcontracting, university admissions, or the administration of any federal program. Also bars requiring or encouraging such discrimination or preferential treatment as a condition of any license or award. Includes exemptions for HBCUs, positions where sex is a bona fide requirement for employment, immigration and nationality laws, Indian tribes, and the Department of Defense.Submitted
10Version 2Williams (GA)DemocratLate Revised Commissions a report analyzing any disparities that individuals who face discrimination in employment based on characteristics protected under the Age Discrimination in Employment Act of 1967 combined with one or more intersectional characteristics protected under title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Rehabilitation Act of 1973 face in pursuing relief from discrimination under the mixed motive evidentiary standard.Revised