; and (B) in subsection (c)(1), by striking Any and inserting Subject to subsection (b)(3), any . (3) Definitions Section 11 of such Act ( 29 U.S.C. 630 ) is amended by adding at the end the following: (m) The term demonstrates means meets the burdens of production and persuasion. . (4) Federal employees Section 15 of such Act ( 29 U.S.C. 633a ) is amended by adding at the end the following: (h) Sections 4(g) and 7(b)(3) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section. . (b) Title VII of the Civil Rights Act of 1964 (1) Clarifying prohibition against impermissible consideration of race, color, religion, sex, or national origin in employment practices Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ) is amended by striking subsection (m) and inserting the following: (m) Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex, or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice. . (2) Federal employees Section 717 of such Act ( 42 U.S.C. 2000e–16 ) is amended by adding at the end the following: (g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section. . (c) Americans With Disabilities Act of 1990 (1) Definitions Section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ) is amended by adding at the end the following: (11) Demonstrates The term dem­on­strates means meets the burdens of production and persuasion. . (2) Clarifying prohibition against impermissible consideration of disability in employment practices Section 102 of such Act ( 42 U.S.C. 12112 ) is amended by adding at the end the following: (e) Proof (1) Establishment Except as otherwise provided in this Act, a discriminatory practice is