Protecting Older Workers Against Discrimination Act of 2021 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.
Sponsored bills
Making Education Affordable and Accessible Act This bill reauthorizes through FY2027 and revises the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn postsecondary credits.
Vanessa Guillén Military Justice Improvement and Increasing Prevention Act This bill modifies the process and policy related to the disposition of charges and convening of courts-martial for certain sexual assault cases and other specified offenses under the Uniform Code of Military Justice (UCMJ). Among other elements, the bill provides that the determinations on the preferral, disposition, and referral of charges for specified offenses under the UCMJ must be made by a commissioned officer of the Armed Forces who is designated as a court-martial convening authority (in grade O-6 or higher) and who is available for detail as trial counsel, has significant trial experience, and is outside the chain of command of the member subject to the charges.
Trade Preferences and American Manufacturing Competitiveness Act of 2021 This bill reauthorizes and revises specified U.S. trade programs and provisions. Specifically, the bill extends through January 1, 2027, the Generalized System of Preferences (GSP), which provides duty-free treatment to products imported from designated beneficiary countries. The bill makes various changes to the GSP, including by (1) adding human rights, environmental, and other criteria for designation as a beneficiary developing country; (2) requiring an assessment of how the GSP supports worker and gender rights; and (3) requiring a study on rules of origin and GSP utilization rates. Additionally, the bill provides through December 31, 2023, and retroactively applies to 120 days before this bill's enactment, temporary duty suspensions or reductions to eligible imported products. This authorization is commonly known as the Miscellaneous Tariff Bill (MTB). The last version of the MTB was enacted in September 2018 and the temporary treatment for those products listed in the MTB expired on December 31, 2020. The bill also extends the American Manufacturing Competitiveness Act of 2016 for two future MTB cycles (one in 2022 and one in 2025). This extension allows the U.S. International Trade Commission to conduct the MTB petition, review, and recommendation process for those additional cycles. The bill extends customs user fees through June 21, 2031.
Puppy Protection Act of 2021 This bill requires the Department of Agriculture to expand standards that govern the humane handling, care, treatment, and transportation of animals to include new requirements for commercial dog dealers. Specifically, the standards must require dog dealers to provide to dogs adequate housing, exercise, and veterinary care; appropriate and nutritious food; continuous access to potable water; and meaningful socialization with humans and compatible dogs for at least 30 minutes each day. The standards must also include requirements for breeders to use safe breeding practices and make all reasonable efforts to find humane placement for retired breeding dogs.
Work Without Worry Act This bill modifies eligibility for Social Security Disability Insurance (SSDI) benefits for individuals who have a disability that began before age 22. Under current law, these individuals may obtain SSDI benefits based on the work record of a retired, disabled, or deceased parent. However, an individual with earnings after age 22 that exceed a specified monetary limit (i.e., constitute substantial gainful activity) permanently loses eligibility for such benefits. This bill allows individuals to retain eligibility for such benefits regardless of the amount of earnings after age 22. Additionally, individuals who apply for SSDI benefits on a parent's record and also independently qualify for Social Security benefits on their own record will receive the larger of the two benefit amounts.
Agriculture Environmental Stewardship Act of 2021 This bill allows energy tax credits through 2023 for investments in (1) qualified biogas property, or (2) qualified manure resource recovery property. The bill also permits new clean renewable energy bonds to be used for such properties. Qualified biogas property comprises a system that (1) uses anaerobic digesters or other specified processes to convert biomass into a gas which is at least 52% methane, and (2) captures the gas for use as a fuel. The term includes property that cleans and conditions the gas for use as a fuel. Qualified manure resource recovery property comprises a system that uses specified processes to recover the nutrients nitrogen and phosphorus from a non-treated digestate or animal manure by reducing or separating at least 50% of the nutrients, excluding any reductions during the incineration, storage, composting, or field application of the non-treated digestate or animal manure. The term also includes certain processing equipment. The Department of the Treasury must enter into an agreement with the National Renewable Energy Laboratory for a study of biogas and report to Congress on the study.
Puerto Rico Statehood Admission Act This bill establishes a process for the admission of Puerto Rico into the union as a state, on an equal footing with all other states, based on a majority vote of the people of Puerto Rico.
Strengthening Social Security For Widows Act This bill increases Social Security benefits for widows or widowers in two-income households by establishing an alternative method to calculate survivors benefits based on combined household benefit amounts. It also allows disabled widows and widowers to receive benefits before age 50.
Strengthening Social Security for Long Career Workers Act This bill increases Social Security benefits for certain lifetime low earners. Specifically, it establishes a new method to calculate the Special Minimum Primary Insurance Amount (PIA) for workers who become eligible for benefits after calendar year 2027. The Special Minimum PIA is an alternative benefit formula that increases benefits paid to workers who earn low wages throughout their careers and, under current law, is adjusted annually based on price growth. This bill revises the method of calculating the Special Minimum PIA by tying it to the national average wage index, which generally grows faster than the price index currently being used.