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I
116TH CONGRESS
2D SESSION
H. R. 8381
To prohibit employers from asking the age or date of birth of an individual
before the completion and submission of an application for employment
by such individual.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 24, 2020
Ms. GARCIA of Texas (for herself, Ms. WILD, and Mrs. HAYES) introduced
the following bill; which was referred to the Committee on Education and
Labor
A BILL
To prohibit employers from asking the age or date of birth
of an individual before the completion and submission
of an application for employment by such individual.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protect Older Job Ap-
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plicants Act’’ or the ‘‘POJA Act’’.
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•HR 8381 IH
SEC. 2. PROHIBITION AGAINST ASKING THE AGE OR DATE
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OF BIRTH BEFORE THE COMPLETION AND
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SUBMISSION OF THE APPLICATION FOR EM-
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PLOYMENT.
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Section 4(a) of the Age Discrimination in Employ-
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ment Act of 1967 (29 U.S.C. 623(a)) is amended—
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(1) in paragraph (2) by striking the ‘‘or’’ at the
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end,
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(2) in paragraph (3) by striking the period at
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the end and inserting ‘‘; or’’, and
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(3) by adding at the end the following:
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‘‘(4) to ask the age or date of birth of an indi-
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vidual before the completion and submission of an
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application for employment by such individual.’’.
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SEC. 3. PROHIBITION AGAINST LIMITING, SEGREGATING,
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OR CLASSIFYING APPLICANTS FOR EMPLOY-
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MENT.
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Section 4(a)(2) of the Age Discrimination in Employ-
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ment Act of 1967 (29 U.S.C. 623(a)(2)) is amended—
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(1) by inserting ‘‘or applicants for employment’’
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after ‘‘employees’’, and
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(2) by inserting ‘‘or as an applicant for employ-
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ment’’ after ‘‘employee’’.
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•HR 8381 IH
SEC. 4. DAMAGES FOR REQUESTING THE AGE OR DATE OF
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BIRTH AT THE TIME OF APPLICATION.
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Section 7 of the Age Discrimination in Employment
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Act of 1967 (29 U.S.C. 626) is amended—
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(1) in subsection (b) by inserting ‘‘, except
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where a remedy is provided in subsection (g)’’ after
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‘‘of this section’’, and
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(2) by adding at the end the following:
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‘‘(g) The amount owing to an applicant for employ-
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ment for a violation of paragraph (2) or (4) of section
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4(a) shall be $5,000 in lieu of any other amounts owing
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under this Act for such violation.’’.
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SEC. 5. EFFECTIVE DATE.
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The amendments made by this Act shall take effect
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1 year after the date of the enactment of this Act.
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Æ
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