1. Short title This Act may be cited as the Protecting Older Workers Against Discrimination Act of 2023 . 2. Standards of proof (a) Age Discrimination in Employment Act of 1967 (1) Clarifying prohibition against impermissible consideration of age in employment practices Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by inserting after subsection (f) the following: (g) Except as otherwise provided in this chapter, an unlawful practice is established under this chapter when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice. . (2) Remedies Section 7 of such Act ( 29 U.S.C. 626 ) is amended— (A) in subsection (b)— (i) in the first sentence, by striking The and inserting (1) The ; (ii) in the third sentence, by striking Amounts and inserting the following: (2) Amounts ; (iii) in the fifth sentence, by striking Before and inserting the following: (4) Before ; and (iv) by inserting before paragraph (4), as designated by clause (iii) of this subparagraph, the following: (3) On a claim in which an individual proves a violation under subsection (g) of section 623 of this title, 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 subsection 4(g) of section 623 of this title; and (B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.