The US House this week gave bi-partisan approval to the Protecting Older Workers Against Discrimination Act (POWADA) by a wide margin. On a vote of 261 – 155, the House cleared the legislation and sent it along to the Senate. The bill, HR 1230, seeks to restore protections that were eliminated by the US Supreme Court 2009 decision in Gross v FBL Financial Services. In that decision, SCOTUS ruled that the complainant must show age discrimination as the major if not only reason for an adverse employment decision by an employer. The bill seeks to gut that decision and require only that a complainant demonstrate that age or retaliation was one of the factors considered by an employer taking an adverse employment action, rather than the only consideration. It would also authorize a court to grant declaratory and injunctive relief in a claim where age discrimination is shown, but prohibit a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion or payment.