Press Releases

Congressman Glenn Grothman (R-WI) joins Education and Workforce Committee Ranking Member Bobby Scott (D-VA) and a bipartisan, bicameral group of lawmakers to reintroduce the Protecting Older Workers Against Discrimination Act (POWADA), which will restore critical protections for older workers facing age discrimination.

POWADA reinstates the pre-2009 legal standard for age discrimination claims, aligning the burden of proof with the same standards used for claims involving discrimination based on race and national origin.

“Age discrimination is one of the most prevalent issues affecting an entire generation of older Americans,” said Grothman. “Too often, workers aged 50 and up are laid off while still juggling mortgages, family, and financial obligations. As they try to reenter the workforce, they face major obstacles in finding new employment. Employers also tend to let go of older employees to avoid higher insurance costs, leaving these individuals with limited options.

“The Protecting Older Workers Against Discrimination Act is a crucial initiative that aims to restore legal safeguards for older Americans by ensuring that age discrimination claims receive just as much credibility as any other form of workplace discrimination. Age discrimination is often overlooked, but it is one of the most egregious forms of discrimination hurting Americans. Older workers deserve to work without facing unnecessary burdens.”

“Everyone—regardless of their age—should be able to go to work every day knowing that they are protected from discrimination. Unfortunately, age discrimination in the workplace is depriving older workers of opportunities and exposing them to long-term unemployment and severe financial hardship. More than a decade ago, the Supreme Court undermined protections for older workers by setting an unreasonable burden of proof for age discrimination claims. The Protecting Older Workers Against Discrimination Act is a bipartisan bill that would finally restore the legal rights of older workers by ensuring that the burdens of proof in age discrimination claims are treated in the same manner as other discrimination claims,” said Ranking Member Scott.

“In a truly free and fair America, equal opportunity must be a fundamental right for all citizens, regardless of age,” said Congressman Van Drew. “Unfortunately, age discrimination continues to deny older workers the opportunities they deserve, despite their years of dedication and contributions to our society. This is unacceptable. That is why I am proud to support the Protecting Older Workers Against Discrimination Act of 2025 to restore legal protections, uphold the dignity of older Americans, and ensure fairness for all.”

“Older workers have a wealth of experience to offer and should not have to overcome age discrimination, or any other form of discrimination, to find a job or fulfill their role in a workplace,” said Congresswoman Bonamici. “We must hold employers accountable for age discrimination and restore protections for older workers. I’m grateful to lead this legislation with a group of bipartisan colleagues.”

“Discrimination has no place in the American workforce, and no one should lose opportunity, dignity, or legal protection simply because of their age. Our bipartisan, bicameral bill restores a core standard of fairness, ensuring our older workers are valued for their contributions and protected from unjust treatment—just like every hardworking American,” said Congressman Fitzpatrick.

“Every Wisconsin worker deserves to feel respected and protected in the workplace. We need to ensure this is true for older workers, so they have equal footing and are treated with the dignity they deserve,” said Senator Baldwin.

“Older Americans have spent their careers bettering our country which is why I’m proud to reintroduce POWADA to strengthen anti-discrimination protections for our senior workers,” said Congresswoman Adams. “Far too often, older workers face age discrimination in the workplace, with two-thirds of workers over 50 seeing or experiencing age discrimination at work. POWADA will ensure that older workers are treated fairly in the job market, improve age discrimination protections, and make sure they can continue to work with the dignity they’re owed. There is no place for mistreatment in the workforce.”

“Americans of all ages can offer valuable contributions to our society and economy, including older Americans. They deserve to be protected from workplace discrimination like other Americans. The Supreme Court’s decision involving Iowan Jack Gross impacted employment discrimination litigation across the nation, sending a wrong message to employers that age discrimination is okay. It’s long past time for us to clarify the intent of Congress so Americans don’t face job discrimination due to age,” said Senator Grassley.

“Older workers are vital to a thriving economy, yet according to AARP research, 64 percent of workers ages 50-plus report seeing or experiencing age discrimination on the job,” said Bill Sweeney, Senior Vice President of Government Affairs at AARP. “More than half of older workers are forced out of a job before they intend to retire. Even if they find work again, many of these workers never match their prior earnings. In addition, 22 percent of older workers report that they have been passed up for a promotion or other career-enhancing opportunities because of their age. These actions not only hurt the workers in question but also limit the economy’s ability to have a thriving job market by unnecessarily reducing the labor force. Older workers deserve a fair shot and our economy needs them.”

Background Information

In 2009, the Supreme Court’s decision in Gross v. FBL Financial Services, Inc. raised the burden of proof for age discrimination under the Age Discrimination in Employment Act (ADEA), weakening protections for older workers. Gross overturned past precedent that only required plaintiffs seeking to prove age discrimination in employment to demonstrate that age was a motivating factor for the employer’s adverse action.

POWADA returns the legal standard for age discrimination claims to the pre-2009 evidentiary threshold, aligning the burden of proof with the same standards for proving discrimination based on race and national origin.

POWADA amends the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Rehabilitation Act.

A similar version of the bill was passed in the House with bipartisan support during the 117th Congress.

Read the fact sheet for the Protecting Older Workers Against Discrimination Act here.

Read the section-by-section summary of the Protecting Older Workers Against Discrimination Act here.

Grothman is joined by Education and Workforce Committee Ranking Member Bobby Scott (D-VA), Representative Brian Fitzpatrick (R-PA), Representative Suzanne Bonamici (D-OR), Representative Jeff Van Drew (R-NJ), and Representative Alma Adams (D-NC).

In the Senate, POWADA is led by Senators Chuck Grassley (R-IA) and Tammy Baldwin (D-WI).

The Protecting Older Workers Against Discrimination Act is supported by the following organizations: American Association of Retired Persons (AARP), Aging Life Care Association, Alliance for Retired Americans, Elder Justice Coalition, National Association of Nutrition and Aging Services Programs (NANASP), National Employment Law Project (NELP), National Partnership for Women & Families, National Women’s Law Center, The National Council on Aging, and USAging.

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U.S. Rep. Glenn Grothman (R-Glenbeulah) is serving his fifth term representing Wisconsin’s 6th Congressional District in the U.S. House of Representatives.