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Wednesday, December 18, 2024

US Rep. Grothman joins bipartisan effort to bolster protections for older workers against discrimination

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U.S. Rep. Glenn Grothman (R-WI) | house.gov

U.S. Rep. Glenn Grothman (R-WI) | house.gov

U.S. Representative Glenn Grothman (R-WI), in collaboration with a bipartisan group of House Education and the Workforce Committee members, has introduced the Protecting Older Workers Against Discrimination Act (POWADA). The legislation, which has received endorsement from AARP, seeks to address prevalent workplace age discrimination and aims to restore fairness in employment practices.

Grothman's office released a statement where he said: "In my mind, the one form of discrimination that is so widespread is age discrimination against older workers. This affects a whole generation of Americans. Countless people aged 50 and up get laid off at a time when they still have mortgages to pay and children to support, and they find it very difficult to find a job. Employers also let go of older individuals as companies look to avoid higher insurance costs. The Protecting Older Workers Against Discrimination Act is a crucial bipartisan initiative that aims to restore legal safeguards for older workers by ensuring that age discrimination claims receive just as much credibility as other claims of workplace discrimination."

A fact sheet released by the House Committee on Education and the Workforce states that the legislation seeks to restore legal safeguards for older employees, enabling them to hold employers accountable for age discrimination. POWADA intends to replace the "but-for" test in the Age Discrimination in Employment Act (ADEA) with the previously used "mixed motive" test. This change aligns the burden of proof for age discrimination claims with standards similar to those for race and national origin-based discrimination. Furthermore, POWADA proposes amendments to anti-retaliation provisions in Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Rehabilitation Act of 1973. These amendments aim to evaluate discrimination charges under these laws using the "mixed motive" standard, thereby reducing victims' burden to refute every alleged nondiscriminatory motive put forth by employers.

According to another fact sheet from the House Committee on Education and the Workforce, a 2022 AARP survey found that one in five adults aged 50 and older reported experiencing age discrimination since turning 40. Additionally, two in three older adults in the workforce believe that age discrimination is prevalent in workplaces. A separate study conducted by AARP and the Economist Intelligence Unit in 2020 suggested an $850 billion potential GDP loss in 2018 due to missed opportunities for individuals aged 50 and older who sought to stay in or re-enter the labor force, switch jobs, or advance within their current company.

Grothman's website states that he is serving his fifth term representing Wisconsin's 6th Congressional District. This district, located in eastern Wisconsin, spans rural, suburban, and exurban areas between Madison, Milwaukee, and Green Bay. It includes the village of River Hills in northern Milwaukee County.

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