; (ii) in the third sentence, by striking Before and inserting the following: (3) Before ; and (iii) by inserting before paragraph (3), as designated by clause (ii), the following: (2) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— (A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and (B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. ; and (B) in subsection (c)— (i) in paragraph (1), by striking Any and inserting Subject to subsection (b)(2), any ; and (ii) in paragraph (2), by striking of any issue of fact and all that follows through the period and inserting under the same circumstances as a trial by jury is available under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.). . (3) Genetic Information Nondiscrimination Act of 2008 Section 207 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–6 ) is amended— (A) by redesignating subsection (g) as subsection (h)