Skip to main content

H.R. 1230—Protecting Older Workers Against Discrimination Act

H.R. 1230 - Protecting Older Workers Against Discrimination Act

Hearing Information

Amendment Deadline

Friday, January 10, 2020 - 10:00am H-313, the Capitol View Announcement »

Meeting Information

Monday, January 13, 2020 - 5:00pm H-313, the Capitol View Announcement »

Bill Text

Rules Committee Print 116-46 PDF XML

Showing the text of H.R. 1230, as ordered reported by the Committee on Education and Labor.

Text of H.R. 1230PDFXML

(as reported)

H. Rept. 116-372PDF

Report from the Committee on Education and Labor to accompany H.R. 1230

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE OF 8-3 on Monday, January 13, 2020.

FLOOR ACTION ON H. RES. 790:
Agreed to by record vote of 216-200, after agreeing to the previous question by record vote of 226-191, on Tuesday, January 14, 2020.

MANAGERS: DeSaulnier/Burgess

1. Structured rule for H.R. 1230.
2. Provides one hour of debate on the bill equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.
3. Waives all points of order against consideration of the bill.
4. Provides that the amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-46 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. Makes in order only those amendments printed in the Rules Committee report. Each such amendment may be offered 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, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendments printed in the report.
8. Provides one motion to recommit with or without instructions.

9. Closed rule for H.J. Res. 76
10. Provides one hour of debate on the joint resolution equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.
11. Waives all points of order against consideration of the joint resolution.
12. Provides that the joint resolution shall be considered as read.
13. Waives all points of order against provisions in the joint resolution.
14. Provides one motion to recommit.
15. Section 3 provides that on any legislative day during the period from January 17, 2020, through January 24, 2020: the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment.
16. Provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 3.
17. Provides that each day during the period addressed by section 3 shall not constitute a legislative day for the purposes of clause 7 of rule XV (Consensus Calendar).

Amendments (click each header to sort table by that column)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Gonzalez, Vicente (TX)DemocratEnsures that states’ rights are upheld when a state’s protection of the rights of individuals is greater than or equal to the federal standard as applied to age discrimination.Submitted
2Version 3Brown (MD)DemocratRevised Requires the Equal Employment Opportunity Commission to submit yearly reports for 5-years to Congress on the number of age discrimination claims brought under this Act.Made in Order
3Version 1Foxx (NC)RepublicanStrikes provision allowing mixed-motive claims in Title VII of the Civil Rights Act of 1964 retaliation cases.Submitted
4Version 1Smucker (PA)RepublicanAdds finding that under this bill, nearly all successful plaintiffs will not receive any damages, but their attorneys will be awarded fees and costs.Submitted
5Version 1Allen (GA)RepublicanRequires GAO study on age discrimination and Title VII of the Civil Rights Act of 1964 retaliation charges and cases, and conditions the bill taking effect on the results of the study.Made in Order
6Version 2DeSaulnier (CA), Davis, Rodney (IL)Bi-PartisanRevised Requires a GAO report on the Equal Employment Opportunity Commission’s (EEOC) ability to meet the demands of its workload; its plans for investigating mixed motive age discrimination claims; and options for improving EEOC’s ability to respond to allegations of age discrimination.Made in Order
7Version 3Davis, Rodney (IL), Pingree (ME), Stefanik (NY), Stevens (MI), González-Colón, Jenniffer (PR), Trone (MD), Stauber (MN), Kaptur (OH), Hurd (TX), Smith, Christopher (NJ), Bost (IL), DeSaulnier (CA), Spanberger (VA), McCollum (MN)Bi-PartisanRevised To require the Secretary of the Department of Labor and the Chair of the Equal Opportunity Employment 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.Made in Order
8Version 4Tlaib (MI)DemocratRevised Requires within 5 years the US Commission on Civil Rights to submit a report containing an analysis of the status of Federal mixed motive age discrimination in employment claims made against Federal agencies.Made in Order
9Version 1Lawrence (MI)DemocratLate Ensures that one’s socioeconomic status is not a motivating factor for any employment practice.Submitted
10Version 1Norcross (NJ)DemocratLate Requires a report to Congress on law suits brought due to alleged age discrimination. The report shall contain, but not be limited to: a) the overall outcome of cases – whether the court sided with the plaintiff or the defendant, if the case is still pending, or if the case was settled outside of court, b) the number of law suits filed by a plaintiff represented by a union and those not represented by a union, and c) the length of time of each case.Submitted

Committee Votes

Rules Committee Record Vote No. 231

Motion by Mr. Cole to report an open rule for H.R. 1230. Defeated: 3–7

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
No Vote
Mr. Raskin
No Vote
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
No Vote

Rules Committee Record Vote No. 232

Motion by Mr. Woodall to amend the rule to H.R. 1230 to make in order amendment #3, offered by Rep. Foxx (NC), which strikes provision allowing mixed-motive claims in Title VII of the Civil Rights Act of 1964 retaliation cases. Defeated: 3–7

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
No Vote
Mr. Raskin
No Vote
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
No Vote

Rules Committee Record Vote No. 233

Motion by Mr. Burgess to provide for consideration of H. Res. 783, honoring the members of the military and intelligence community who carried out the mission that killed Qasem Soleimani, and for other purposes, under an open rule. Defeated: 3–8

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Nay
Mrs. Torres
Nay
Mr. Perlmutter
No Vote
Mr. Raskin
Nay
Ms. Scanlon
Nay
Mr. Morelle
Nay
Ms. Shalala
Nay
Mr. DeSaulnier
Nay
Mr. McGovern, Chair
Nay
Mr. Cole
Yea
Mr. Woodall
Yea
Mr. Burgess
Yea
Mrs. Lesko
No Vote

Rules Committee Record Vote No. 234

Motion by Mr. DeSaulnier to report the rule. Adopted: 8–3

Majority Members
Vote
Minority Members
Vote

Mr. Hastings
Yea
Mrs. Torres
Yea
Mr. Perlmutter
No Vote
Mr. Raskin
Yea
Ms. Scanlon
Yea
Mr. Morelle
Yea
Ms. Shalala
Yea
Mr. DeSaulnier
Yea
Mr. McGovern, Chair
Yea
Mr. Cole
Nay
Mr. Woodall
Nay
Mr. Burgess
Nay
Mrs. Lesko
No Vote