Hearings to examine protecting older Americans, focusing on leveling the playing field for older workers.
2025-09-03
Source: Congress.gov
Participants
Transcript
The U.S. Special Committee on Aging will now come to order. We are proud of the bipartisan history of the Special Committee on Aging, and to maintain that tradition in this Congress, today's hearing will be led by Ranking Member Gillibrand. Turn it over to the Ranking Member. Chairman Scott, thank you so much for providing me with the opportunity to discuss this incredibly important topic, age discrimination. And thank you to our witnesses for being here today, for fighting for the rights of older Americans and their families. You all know what it can be like to spend a lifetime working hard, building your career, and contributing to our economy. And you can imagine how devastating it can be to experience discrimination because of how old you are. Nobody wants to feel like their contributions don't matter, especially not because of some arbitrary characteristic like age.
But far too often, older workers are being denied employment, passed over for promotions, or even fired because of their age. According to research conducted by AARP, 64% of workers age 50 plus have seen or experienced some form of age discrimination in the workplace. And of that population, 90% believe that age discrimination against older workers is commonplace in the workplace. In that same report, more than one in five older Americans said that they worried they were being pushed out of their job because of their age. This comes as Americans have started working later in life with workers who are over 75 years old becoming the fastest growing age group in the workforce. Just ask the U.S. Senate. In a time when the population of older Americans is growing and many are returning to the workforce, we need to make sure that those who face age discrimination can have their day in court. Victims of age discrimination often can't seek justice or accountability in court because of forced arbitration clause that they signed when they were hired. Many employees are not even aware that their employment contract contained a forced arbitration clause. It traps those who experience workplace discrimination in a system that advantages their employer, preventing them from seeking information that could prove their case. and victims are left at the hands of an extrajudicial arbitrator who is often selected by the employer and not always a trained lawyer. It's no surprise that employees are often less likely to win in arbitration than they are in court. Building on our successful effort to ban forced arbitration in cases of sexual harassment and sexual assault, Senator Lindsey Graham and I introduced the Protecting Older Americans Act, which would invalidate forced arbitration clauses in cases of age discrimination as well. It would also allow those who have experienced age discrimination the option to file their case in court if they choose, even if they previously signed a forced arbitration clause.
It gives them a voice in a process and the ability to seek justice. If employees decide, though, that they would like to pursue arbitration when they have faced age discrimination, they can. The point is that employees will now have this fundamental choice. The crux of the issue is that despite the fact that the workplace age discrimination is categorically illegal and that Congress has already passed laws to protect older Americans from it, forced arbitration clauses subvert justice. They take away your constitutional right to a jury decision. without you knowing about it. They allow employers to hide illegal conduct behind closed doors. And they shield those who have committed serious misconduct from the public eye.
Thank you, Mr. Chairman. Thank you, Ranking Member. First off, thanks everybody for being here. We've gathered to discuss a very important topic, not just for our aging community, but also for generations planning for retirement and for those who won't be retiring for several decades. Today's hearing will focus on the value of our older Americans in the workplace. What we can do as elected officials to help protect and foster a purpose-filled life for our aging constituents. I look forward to a discussion today on how we fight against age discrimination by highlighting the positive impact of older Americans' engagement in their communities, and how aging Americans who remain engaged create benefits for themselves and our economy. I want to be clear about something. Age discrimination is clearly wrong. It's stupid. I built businesses. I can tell you that looking at someone's age instead of the value they bring to an organization absolutely makes zero sense. You can't run a business or government that way, and we need to make sure it's not happening to any American senior. Work provides purpose, fulfillment. These are powerful forces that enrich families, strengthen communities, and support the health and longevity of our nation and its peoples. Having a purpose is an essential part of the American dream and has long been an indicator of both mental and physical well-being across all age groups.
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