Protecting Older Americans Act: Protect Seniors In Workplace, Lower Healthcare Costs For Seniors, Low-Income Individuals: New Legislation By NY’s Senator

Protecting Older Americans Act: Protect Seniors In Workplace, Lower Healthcare Costs For Seniors, Low-Income Individuals: New Legislation From NY’s Senator

Watch the complete hearing on YouTube below.  This hearing discussed the issues related to seniors reentering the workforce due often to necessity, whether due to insufficient retirement savings or simply a desire to continue to work, and the discrimination they face.  Two very difficult issues that seniors face are, first off, forced (or binding) arbitration, where workers lose their seventh amendment right to a jury trial by effectively signing away this right during the hiring process.  This is not an issue restricted to older workers, and applies to nearly every dispute that can arise in an employment situation.  Under no circumstances can an employee choose to sue their employer.  We had done a story on Uber drivers who had been sexually assaulted, and Uber was able to force the women thus violated into binding arbitration instead of a real lawsuit.  Everyone I know personally has had such a binding arbitration agreement in place when they were hired at nearly every job.  But these agreements actually always favor the employer, because all of the arbitrators are hired and paid for by the employer, not by the workers.  If they don’t decide the case well (i.e. in their ‘bosses’ favor), they know they will not be hired again.  Another arbitrator will be found who more often provide decisions that are beneficial to their employer.  This makes an inherently unlevel playing field.  Add to that the commonplace use of non-disclosure agreements, and any worker who is fired cannot tell their future employer why they were fired, making it less likely they will be given a new chance.  Due to the advocacy of the witness who had previously worked for Fox News before being fired for bringing a sexual harassment claim against the then-CEO of Fox, sexual harassment has received a legal exception to the binding arbitration requirement in any employee’s contract, and this also has been most often applied to NDAs in the same situations (with regard to sexual harassment). 

SENATOR GILLIBRAND INTRODUCES BIPARTISAN LEGISATION TO ALLOW VICTIMS OF AGE DISCRIMINATION TO SEEK JUSTICE AND ACCOUNTABILITY

According to a 2024 AARP survey, 64% of older workers have either seen or experienced age discrimination in the workplace

Washington, D.C. – Today, U.S. Senator Kirsten Gillibrand (D-NY), alongside Senate Judiciary Committee member Lindsey Graham (R-SC), Senate Judiciary Committee Chairman Chuck Grassley (R-IA), and Senate Judiciary Committee Ranking Member Dick Durbin (D-IL) introduced the bipartisan Protecting Older Americans Act, which would invalidate forced arbitration clauses that prevent age discrimination victims from seeking justice and public accountability.

“Age discrimination is a huge problem for older workers, and they deserve the ability to hold perpetrators accountable in open court,” said Senator Gillibrand. “Forced arbitration is a secretive and unfair process that strips hard-working Americans of their constitutional right to a jury trial and makes it more difficult for victims of age discrimination to get justice. The bipartisan Protecting Older Americans Act would enable victims to have their day in court if they so choose, giving them an important avenue to defend themselves against illegal conduct. I am proud to introduce this bipartisan bill with my colleagues, and I am optimistic that we can pass this critical reform in Congress.”

“Americans who suffer age discrimination at work should have a choice whether to participate in arbitration or have their day in court. This bill will guarantee these options,” Senator Grassley said.

“The Protecting Older Americans Act aims to void pre-dispute arbitration clauses for disputes involving age discrimination.  Older Americans should not be forced to litigate their claims in arbitration forums that are stacked in favor of their employers,” said Senator Durbin. “No American, especially an elderly victim of discrimination, should ever be denied their day in court.”

Forced arbitration, or pre-dispute arbitration, occurs when a company requires an employee to submit any potential dispute to binding arbitration as a condition of employment. As a result, employees waive their right to sue in court, stripping them of a primary avenue for pursuing justice against age discrimination.

Representative Mike Lawler (R-NY-17) introduced companion legislation in the U.S. House of Representatives. The bill is endorsed by AARP, Lift Our Voices, National Employment Law Project, American Association for Justice, Public Investors Advocate Bar Association, and Public Citizen.

“In New York and across the country, too many older workers face discrimination on the job and are told they have no real way to fight back. That’s wrong,” said Congressman Mike Lawler (NY-17). “No one should have to give up their right to stand up for themselves just to put food on the table. The Protecting Older Americans Act will help ensure older workers, including many here in the Hudson Valley, have a fair shot to hold employers accountable and are treated with the respect they deserve.”

“No worker should be forced into arbitration because of their age. This bipartisan legislation is a critical step toward ensuring older Americans have the same workplace protections we fought to secure for survivors of sexual harassment and assault,” said Gretchen Carlson, Co-Founder of Lift Our Voices. “Lift Our Voices is grateful to Senator Gillibrand for her leadership in championing the Protecting Older Americans Act and for working with colleagues across the aisle to confront age discrimination in the workplace. We are calling on all elected leaders to swiftly pass the POAA and restore fairness and choice for millions of workers.”

“AARP, which advocates for the more than 100 million Americans aged 50 and over, is pleased to support the Protecting Older Americans Act of 2025, legislation that prohibits hard-working Americans from being forced into arbitration to settle age discrimination claims in the workplace,” said AARP Senior Vice President Bill Sweeney. “We greatly appreciate your bipartisan leadership in introducing this legislation to protect the legal rights of older Americans.”

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ICYMI: Gillibrand Highlights Widespread Age Discrimination AGAINST Older Americans in the Workplace at Committee Hearing

Washington, D.C. — In case you missed it, U.S. Senator Kirsten Gillibrand, ranking member of the Senate Special Committee on Aging, led a committee hearing this morning to discuss the urgent need to protect older Americans from age discrimination in the workplace.

The vast majority of older workers have reported witnessing age discrimination. According to a 2024 AARP survey, 64% of older workers have either seen or experienced age discrimination in the workplace. Witnesses at the hearing shared insights on the specific challenges faced by seniors in the workplace and discussed how employers, communities, and lawmakers can take action to protect older workers.

During the hearing, Senator Gillibrand called for the passage of the Protecting Older Americans Act, which she introduced today alongside Sens. Lindsey Graham (R-SC), Dick Durbin (D-IL), and Chuck Grassley (R-IA) to protect seniors facing age discrimination at work. This vital legislation would invalidate forced arbitration clauses that prevent age discrimination victims from seeking justice and public accountability, ensuring that seniors can file their cases in court.

Opening statement as prepared for delivery:

Chairman Scott, thank you for providing us the opportunity to discuss this incredibly important topic: age discrimination. And thank you to our witnesses for being here today and 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 just because of their age.

According to research conducted by AARP, 64 percent of workers age 50-plus have seen or experienced age discrimination in the workplace. And of that population, 90 percent believe that age discrimination against older workers is common in the workplace today. In that same report, more than 1 in 5 older Americans said that they worried that 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

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 a 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 help to prove their case. And victims are left in the hands of an extrajudicial arbitrator who is often selected by their employer and not always a trained lawyer.

It’s no surprise then 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 are reintroducing the Protecting Older Americans Act, which would invalidate forced arbitration clauses in cases of age discrimination.

It would 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 the 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 a choice. The crux of the issue is that despite the fact that 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 allow employers to hide illegal conduct behind closed doors. And they shield those who have committed serious misconduct from the public eye. But now we have an opportunity for broad bipartisanship at a time when many Americans feel Congress is too divided to get things done.

I look forward to hearing from our witnesses today as well as discussing these critical issues.

WITH NEW YORKERS AT RISK FOR SKYROCKETING HEALTH CARE COSTS OR LOST POLICIES, GILLIBRAND CALLS FOR EXTENSION OF ENHANCED AFFORDABLE CARE ACT SUBSIDIES TO HELP AMERICANS AFFORD HEALTH INSURANCE

Without an extension, ACA enhanced tax credits will expire at the end of 2025

If these subsidies expire, New Yorkers will face an average yearly increase of $1,360 in the amount they pay for health insurance

WASHINGTON, D.C. – With crucial health insurance subsidies set to expire, U.S. Senator Kirsten Gillibrand is demanding that Congress include an extension of enhanced Affordable Care Act premium tax credits (PTC) in any upcoming funding package. These tax credits bring down the cost of insurance premiums for low- and middle-income individuals and families, helping people in New York and across the country afford health care. Without an extension, ACA enhanced tax credits will expire at the end of 2025, causing nearly 20 million Americans to see a sudden increase in their health insurance costs. This includes at least 1.6 million New Yorkers, who will face an average yearly increase of $1,360 in the amount they pay for their premiums.

“In the richest country in the world, no one should have to forgo treatment because they can’t afford health insurance,” said Senator Gillibrand. “Allowing these critical tax credits to expire would create a financial burden that many New Yorkers simply cannot afford, forcing hard-working families to choose between potentially life-saving care and putting food on the table. That is absolutely unacceptable, and it’s why I’m calling on my colleagues in Congress to include an extension of the ACA enhanced premium tax credits in any funding bill that passes this fall. These subsidies save lives, and I’m determined to keep them in place.”

Premium tax credits (PTC) were established as part of the ACA, which became law in 2010. PTCs are refundable credits that help low- and middle-income individuals and families cover the premiums for their health insurance purchased through the Health Insurance Marketplace.

In 2021, the American Rescue Plan Act (ARPA) temporarily expanded eligibility for PTCs and lowered premiums for those who were already eligible. In 2022, the Inflation Reduction Act extended these enhanced credits for three years. Since ARPA’s passage, ACA enrollment has nearly doubled, helping more low- and middle-income households receive coverage and care. While the amount of savings varies by person, these enhanced PTCs have reduced premium costs by 44 percent on average. If Congress does not act to again extend the enhanced PTCs, the provision will expire at the end of 2025, and nearly 20 million Americans will see a sudden increase in their health insurance costs.

Banner Image: Hearing intro screen. Image Credit – US Senate Committee on Aging