; and (2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(o) ). . 205. Clarifying other standards of proof (a) Amendments to definitions (1) Americans with Disabilities Act of 1990 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) Age Discrimination in Employment Act of 1967 Section 11 of the Age Discrimination in Employment Act of 1967 ( 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. . (3) Genetic Information Nondiscrimination Act of 2008 Section 201 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff ) is amended by adding at the end the following: (8) Demonstrates The term demonstrates means meets the burdens of production and persuasion. . (b) Clarifying prohibition against impermissible consideration in employment practices (1) Race, color, religion, sex, or national origin 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) Disability Section 102 of the Americans with Disabilities Act of 1990 ( 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 established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b)