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Bipartisan support needed to re-establish House Aging Committee

Published in RINewsToday on May 6, 2024

It was almost like attending a 34th high school reunion.  After over three decades, an on-line meeting on April 25th, would bring five former senior staffers of the House Select Committee on Aging (HSCoA) and House Rules Committee back together to provide firsthand accounts to Maia Leeds, legislative assistant for Josh Gottheimer (D-NJ), as to why the New Jersey Congressman, co-chair of the bipartisan House Problem Solvers Caucus, should call on the caucus to endorse H. Res. 1029, re-establishing the House Select Committee on Aging. 

Washington, DC-based groups, including the National Committee to Preserve Social Security and Medicare (NCPSSM), Social Security Works and the Alliance for Retired Americans, including this writer, along with key staff of Congressman Seth Magaziner (D-RI), the primary sponsor of the resolution, participated in the discussion of how the Rhode Island Congressman could attract more cosponsors, especially House Republican lawmakers.   

Throughout the half-hour meeting, Leeds and others stressed the importance of recruiting Republican lawmakers, calling for bipartisan support of H. Res. 1029. According to “Votes in Congress” published in the New York Times on Oct. 13, 1974, even with the Democrats controlling the House in 1974, the HSCoA was established by a huge bipartisan vote of 299 to 74.  In 1993, House Democratic belt-tightening efforts to save $ 1.5 million funding the operations of HSCoA would force it to close its door.

The House Aging Committee was not charged with drafting legislation. Its mission was to conduct investigations and hold hearings to put the spotlight on aging issues that would ultimately lead standing committees with aging jurisdiction to craft legislation to address these issues. 

From the 114th Congress, until he retired during the 117th Congress, in each Congressional session, former Congressman David Cicilline had introduced a resolution to bring back the HSCoA. The resolution failed to gain traction and get support from either House Republic Leader Paul Ryan or House Democratic Leader Nancy Pelosi. Magaziner would ultimately pick up the baton and introduce H. Res. 1029, on Feb. 23, 2024. This resolution was referred to the House Committee on Rules for mark-up, and if passed will be considered by the full House. At press time, there are only 26 Democratic cosponsors, with no Republican cosponsors.

Simply Put…

Magaziner’s 213-word resolution simply amends the Rules of the House to establish a HSCoA, without legislative jurisdiction, to conduct a continuing comprehensive study and review an array of aging issues, including income maintenance, poverty, housing, health (including medical research), welfare, employment, education, and long-term care.

H. Res. 1029 also calls for the reestablished HSCoA to study ways that would encourage the development of public and private sector programs and policies that would keep older Americans active in their community.   

The resolution would also allow the HSCoA to develop policies that would encourage the coordination of both government and private programs designed to deal with problems of aging -and to review any recommendations made by the President or White House Conference on Aging in relations to programs and policies impacting seniors.

According to EveryCRS Report, the House can easily establish an ad hoc (temporary) select committee just by approving a simple resolution with no Senate or Presidential approval. It contains language establishing the committee, detailing a purpose, defining membership. Salaries and expenses of standing committees, special and select, are authorized through the Legislative Branch Appropriations bill.

Magaziner, currently out on parental leave, couldn’t make the online meeting, but Chief of Staff Clayton Schroers, and Kyra Whitelaw, Legislative Assistant, came to monitor the gathering to gain insight from former staffers of HSCoA’s impact on the development of aging policy.

According to Magaziner, his staff are working hard to speak to other congressional offices about the benefits of the proposed committee and who will continue to work to raise the profile of this resolution to encourage other members to become cosponsors. “I was grateful for the opportunity to present to the Leadership Council on Aging, a national coalition of national nonprofit organizations that works on policy issues related to the well-being of America’s seniors,” says Magaziner, noting that his resolution has the support of the NCPSSM and Meals on Wheels America.”

As Magaziner works to increase the number of cosponsors for H. Res. 1029, he says: “The support of advocates is important to encouraging Congressional representatives to cosponsor this resolution.”

“I’m ready to work with anyone, from either party, to deliver results for Rhode Island—and that includes finding common ground on important legislation like H. Res. 1029,” says Magaziner. “I believe there’s still room for bipartisanship, and ensuring we address issues for seniors across the country should be an area where we can all agree. I will continue to urge my Republican colleagues to work together with Democrats to move our country forward,” he says.

Former Congressional staffers call for passage of H. Res. 1029

“A House Aging Committee would centralize Congress’s consideration of older American issues and could be of assistance to authorizing committees with legislative jurisdiction over agencies and programs important to seniors,” says Max Richtman, NCPSSM’s President and CEO, explaining why NCPSSM will directly encourage House members to cosponsor H. Res. 1029.  

According to Richtman, a 16-year veteran of Capitol Hill, the pros outweigh the cons on supporting Magaziner’s resolution. A House Aging Committee would centralize Congress’s consideration of older American issues and could be of assistance to authorizing committees with legislative jurisdiction over agencies and programs important to seniors. However, it would take staff and clerk hire (money) away from the authorizing committees.

Like Magaziner, Richtman observes that bipartisan support for programs and agencies important to senior has a mixed record. “There is some bipartisan agreement on the Older Americans Act (OAA). But even on OAA, bipartisan action can vary widely, says Richtman, especially when Republicans want to make across the board cuts to non-defense discretionary spending, including OAA, Supplemental Nutrition Assistance Program and Low-Income Home Energy Assistance  Program. “And there appears to be no bipartisan agreement on Social Security, Medicare and Medicaid,” he says.

Richtman, a former Staff Director of the Senate Special Committee on Aging, says that the upper chamber sees the value of the Senate Aging Committee, noting that he believes that it has operated in a bipartisan manner. 

Bob Blancato, former Executive Director of the 1995 White House Conference on Aging and former Staff Director, Subcommittee on Housing & Consumer Interests, from 1978-93, has joined the efforts to pass H. Res. 1029. “I just wanted to add another voice in favor of this resolution,” says Blancato, President of Matz, Blancato and Associates.

According to Blancato, who served as Staff Director of the Subcommittee on Human Services from 1977 to 1991, important policies were addressed over those years.  Several amendments to the Older Americans Act were adopting, including creating a separate program for home delivered meals. He remembers his subcommittee held the first hearing ever on the issue of grandparent visitation rights.  

Although some standing committee chairs felt THE aging committee made them work harder because of issues raised in their legislative jurisdictions, there were many examples of both “working together,” says Blancato. He recalls the House Education and Labor Committee working close with his subcommittee on legislation, including the Older Americans Act and the Age Discrimination in Employment Act.

Blancato sees the need to bringing back the HSCoA. Since it was abolished over 30 years ago, there are many issues that need to be addressed with the graying of the nation’s population, he says.  

“A good gauge to see if House lawmakers consider aging policy to be a bipartisan issue is if the Older Americans Act gets renewed on a bipartisan vote this year,” notes Blancato, stressing that “this will be a good test.”

Elaina K. Goldstein, JD, MPA remembers the day when the HSCoA ceased to exist. “It was heartbreaking to have to pack up the incredible work done by the HSCoA and I am thrilled to be involved with its resurrection,” says the former Legal Counsel for the Subcommittee on Retirement and Employment. “It would be incredible if H. Res. 1029 passes, to once again see its staff work hand in hand with the Committees of jurisdiction to get important issues into the light so they could be remedied to make life better for seniors,” she says.   

As a former HSCoA staffer, Goldstein disagrees with those seeing conflict between the Select Committee and Standing Committees. “Quite the opposite,” she said, noting that Subcommittees did not have and will not have any legislative jurisdiction.,” she noted.  

According to Goldstein, many of the Employee Retirement Income Security Act of 1974 (ERISA) health concerns and subsequent hearings held by HSCoA were uncovered by the Senate Finance Committee staff who felt they could not move forward politically in their Committee but felt the House Aging Committee could get the issue out in the open and then they could follow up. “As I said, these issues were ultimately addressed in the passage of the Health Insurance Portability and accountability Act of 1996,” she noted.

As to gaining Republican cosponsors, Goldstein sees aging policy losing some of its bi-partisan appeal with the debates over Social Security and Medicare. “It seems that Republican lawmakers feel the issues of Social Security and Medicare are Democratic issues,” she says, noting that there are so many others. “If the Committee would also take on the issues and concerns of people with disabilities —which they do in the Senate Aging committee —many issues that impact the aging are issues for the disabled as well,” she says, stressing this could well increase bi-partisan appeal.

Robert Weiner, President of Robert Weiner Associates News, saw the negative impact of the HSCoA being abolished. As Staff Director of the Health and Long-Term Care Subcommittee from 1975-76 and the former Claude Pepper’s  (D-FL) Chief of Staff (1976-80) when he chaired the full committee, Weiner knew how shortchanged seniors would be when the committee was abolished. “I always have wanted that decision reconsidered.,” he said.

“Reform”, instead of facts on Social Security have unfortunately now become the political value system norm, and age discrimination has crept back more and more, from hiring and firing in everything  whether private sector or politics. The Aging Committee and its members were and could again be a wedge of power representing older Americans of both parties,” says Weiner, who was a close confident of Pepper until he died in 1989.

Looking back, “We got legislation passed abolishing age-based mandatory retirement, as well as Medicare expansion of home health care, standards for cancer insurance, a major Social Security protection deal co-authored by Pepper, and many other laws by initial press during our investigations and then working closely with the standing committees on the bills,” says Weiner.

Some say that Cicilline’s efforts to pass the resolution to reestablish the HSCoA stalled because of the standing committee’s fear of loss of power in the legislative process. “This is anything but new. We did, and any new committee must, cooperate with, meet with, and support the standing committees’ efforts.  Pepper always made friends and cooperated. We worked closely with chairs and leaders from Gus Hawkins (D-CA) to Gladys Spellman (D-MD)  to Dan Rostenkoswski (D-Ill) to House Speaker Tip O’Neill (D-Mass) and Republican leader Bob Michel (R-Ill),” remembered Weiner.

The key to getting Magaziner’s resolution passed is for the Congressman to actively work to expand the co-sponsorships by taking co-sponsorship sign-up sheets and have conversations around the House floor and cloakrooms and thereby get to well over 100,” says Weiner. 

 A Final Note:

At the on-line meeting, former Senior Staff of HSCoA and Washington, DC-based aging groups, and Rhode Island senior advocates, praised Congressman Josh Gottheimer’s co-sponsorship of H. Res. 1029. Increasing the number of co-sponsors to over 100, especially recruiting GOP lawmakers, might just give the resolution traction this Congress.  Hopefully, Congressman Brian K. Fitzpatrick (R-PA) and the moderate Democratic and Republican members of his caucus will see the value of following Gottheimer’s lead. Yes, aging should be considered a bipartisan issue, just like it was in 1974 when both Democrats and Republicans rallied to establish HSCoA.  

Without support of the House Republican leadership, Richtman warns that it is unlikely that H. Res. 1029 will be considered during the 118th Congress.  However, efforts to drive up the number of cosponsors – especially if it can attract some Republican support – might enable the resolution to be considered if there is a more pro-senior majority in the House of Representatives,” he says.

It’s now time for House Speaker Mike Johnson (R-LA) to step to the plate and support H. Res. 1029, and consider aging to be a bipartisan issue.  The switching of legislative control in the Senate over 47 years and the contentious debates over Social Security and Medicare, has had little impact on the operations of the Senate Special Committee on Aging. The bipartisan panel has continued to investigate and put the spotlight on critical aging issues, working with Senate standing committees to draft legislation to enhance the life and well-being of America’s seniors.  It’s now time for the House to bring back the HSCoA.  

Herb Weiss, LRI’12, is a Pawtucket-based writer who has covered aging, health care and medical issues for over 44 years. To purchase his books, Taking Charge: Collected Stories on Aging Boldly, and a sequel, compiling weekly articles published in this commentary, go to herbweiss.com.

 Participants of April 25 online meeting:

House Staffers: Chief of Staff Clayton Schroers and Kyra Whitelaw, Legislative Assistant, Office of Congressman Seth Magaziner; Maia Leeds, legislative Assistant, for Josh Gottheimer, Office of Congressman Josh Gottheimer.

Senior House Staffers: Bill Benson, former Assistant Secretary for Aging, US Dept. of Health and Human Services and former Staff Director of the Subcommittee on Housing & Consumer Interests, House Permanent Select Committee on Aging, from 1987-90;  Bob Blancato, former Executive Director of the 1995 White House Conference on Aging and former Staff Director, Subcommittee on Housing & Consumer Interests, from 1978-93; Elaina K. Goldstein, JD, MPA,  former Legal Counsel for the Subcommittee on Retirement Income and Employment; Robert S. Weiner, former Staff Director, Subcommittee on Health and Long-Term Care from 1975-77, Chief of Staff of the full Aging Committee from 1976-80); Thomas J. Spulak, former Staff Director, House Rules Committee (under Congressman Pepper), 1982-89 and Chair, the Claude Pepper Foundation.

National Aging Organizations: Nancy Altman, President, Social Security Works, Dan Adcock, Government Relations and Policy Director of the NCPSSM; and David Simon, Legislative Representative for the Alliance for Retired Americans.

Rhode Island: Vincent Marzullo, former Director of the Corporation for National Community Service, Board member of the Senior Agenda of RI, and member of Magaziner’s Senior Advisory Council; Robert Robillard, President of RI Senior Center Directors Association; and writer Herb Weiss.

Will Magaziner fulfill call to reestablish House Aging Committee? 

Published in RINewsToday on October 9, 2023

With Congressman David Cicilline retiring from Congress, no House lawmaker has yet stepped up to reintroduce, H.R. 583,  the Rhode Island lawmaker’s resolution to reestablish the House Select Committee on Aging (HSCoA).  Without receiving a vote in the House Rules Committee at the end of the 117th Congress, the resolution was considered “dead.” On his way out Cicilline was not successful in passing the legislative baton and finding a new original sponsor. 

The resolution to approve the initial HSCoA was passed on October 8, 1974, by a large margin (299–44) in the House. Its legislative duties expired in 1992 during the 103rd Congress, as the House leadership was under pressure to reduce its internal costs to save $1.5 million and to streamline the legislative process. 

On May 26, 2016, Cicilline began his legislative efforts to bring back the HSCoA.  The simple resolution, consisting of 245 words, would authorize the Select Committee to study the use of all practicable means and methods of encouraging the development of public and private programs and policies which will assist seniors in taking a full part in national life and which will encourage the utilization of the knowledge, skills, special aptitudes, and abilities of seniors to contribute to a better quality of life for all Americans.

HSCoA would not craft legislative proposals, but hold investigative hearings to put the Congressional spotlight on aging issues. Its purpose was to push for legislation and other legislative actions, working closely with standing committees, through regular committee channels. 

According to the Congressional Research Service, it would be relatively simple to create a select committee by approving a simple resolution that contains language establishing the committee—giving a purpose, defining membership, and detailing other issues that need to be address.  Salaries and expenses of standing committees, special and select, are authorized through the Legislative Branch Appropriations bill. 

Once introduced, the resolution would be referred to the House Rules Committee for consideration.  If passed, it would be scheduled for a floor vote.  If passed, no Senate action or Presidential signature would be required.

The fourth time’s not the charm

Over eight years (during four Congressional Sessions), Cicilline was unsuccessful in getting the support of either the Republican or Democratic House Speakers to pass his resolution. During the 114th Congress Cicilline began his legislative push to bring back the HSCoA by introducing H. Res. 758.  Twenty-eight Democratic lawmakers out of 435 House members (with no Republican supporting) became cosponsors. But it caught the eye of the co-chairs of the Seniors Task Force (later renamed the House Democratic Caucus Task Force on Aging & Families), Congresswomen Doris Matsui (D-CA) and Jan Schakowsky (D-IL). The lawmakers became cosponsors of this resolution.

Correspondence penned by Cicilline to House Speaker Paul Ryan (R-WI) requesting support of H.R. 758 went unanswered.   Without the blessings of the GOP House Speaker, the resolution was not considered in the House Rules Committee and no floor vote scheduled.  

Two years later, with Ryan’s GOP caucus still retaining the control of the House during the 115th Congress, Cicilline’s H. Res. 160 would again not gain legislative traction. At that time only 27 Democratic lawmakers stepped forward to become cosponsors, just like the previous Congressional session, with the resolution not attracting one single GOP lawmaker as a cosponsor.    

For the third time, during the 116th Congress, Cicilline would  introduce H. Res. 821 to resurrect the HSCoA. Even with House Speaker Nancy Pelosi controlling the lower chamber’s legislative agenda, the resolution would not get Rules Committee consideration, again blocking it from reaching the floor for a vote.

Even with House Speaker Pelosi retaining the gavel again during the 117th Congress, Cicilline could not push H. Res 583 to the legislative goal line.  Like Cicilline’s other three attempts, the resolution was referred to the House Committee on Rules for mark-up and vote. Without Pelosi’s blessings and support for passage, like previous attempts, the  resolution died at the end of the Congressional session.   

Cicilline’s efforts drew the support and attention of Max Richtman, President and CEO of the Washington, DC-based National Committee to Preserve Social Security and Medicare, who was former Staff Director of the Senate Special Committee on Aging, the Leadership Council of Aging Organizations (representing 66 national aging groups), along with President Nancy Altman of Social Security Works, and Chair of Strengthen Social Security Coalition.   

Robert Weiner, former chief of staff of the HSCoA, Tom Spulak, former staff director and General Counsel of the House Rules Committee, and Vin Marzullo, a well-known aging advocate in Rhode Island, were strong advocates for the resolution’s passage.

It’s a no-brainer not to bring back HSCoA

Weiner, the President of Robert Weiner Associates News, who was a close friend and confidant of Claude Pepper, clearly knew the importance Cicilline’s efforts to bring back the HSCoA and its impact on the quality of life of America’s seniors.  Weiner, who served as Staff Director for the Subcommittee on Health and Long-term care from 1975 to 1977 and Chief of Staff of the full Aging Committee, from 1976 to 1980, remembered how the late Congressman Claude Pepper used the Select Committee as a force to push Congress to tackle aging issues.

“Bringing it back would be immeasurably helpful regardless of which party has the White House or controls Congress in assuring the best health care programs for seniors,” says Weiner. 

Weiner says that the HSCoA successfully prodded Congress to abolish forced retirement, investigate nursing home abuses, monitor breast cancer screening for older women, improve elderly housing, and bring more attention to elder abuse by publishing a number of reports, including “Elder Abuse: An Examination of a Hidden Problem and Elder Abuse: A National Disgrace,” and “Elder Abuse: A Decade of Shame and Inaction.” The Committee’s work would also lead to increased home care benefits for the aging and establishing research and care centers for Alzheimer’s Disease, he said.

“One of the best-known aging accomplishments of Claude Pepper was to end mandatory retirement by amending the Age Discrimination in Employment Act,” adds Weiner, noting that with HSCoA support the bill passed 359 to 2 in the House and 89 to 10 in the Senate, with President Jimmy Carter signing the bill into law despite strong opposition of the Business Roundtable and big labor.

Weiner noted that among the HSCoA’s other legislative achievements was supporting the passage of legislation creating standards for supplemental insurance and holding hearings to expose cancer insurance duplication. “Witnesses were literally forced to wear paper bags over their heads to avoid harassment by the insurance companies. That legislation became law,” he said.

According to Weiner, “Republican lawmakers just didn’t want to support Cicilline’s resolution to reauthorize the HSCoA,” says Weiner, despite the fact that Congressman John Heinz  (R-Pa.), later a renowned Senator, was an original prime sponsor of the House resolution that would initially establish the select committee. 

Seniors are now the most powerful voting block who would see the need, like Heinz, for a HSCoA, especially to protect Social Security, Medicare and other federal aging programs, says Weiner.  Republican House lawmakers are threatening to cut Social Security benefits and raise the full-time retirement age, he warns, calling their actions “reforms.” “But the program is actually solvent, with trillions in surplus beneficiaries paid for as the Pepper-Reagan original deal provided,” he notes. 

If HSCoA resolution is passed during the 118th Congress, the Republicans would control its legislative agenda.  Historically, the House select committee allowed open, bipartisan debate from different ideological perspectives to promote bipartisan consensus that, in turn, would facilitate the critical policy work of the standing committees.

Passing the torch

Who will ultimately pick up the legislative baton from Cicilline to become Rhode Island’s fiery aging advocate.  Will it be Congressman Seth Magaziner, or the newly elected Congressman from Rhode Island’s Congressional District 1 to step to the plate?

Why shouldn’t Magaziner or Cicilline’s replacement follow in the footsteps of former Rhode Island Congressman John E. Fogarty (dec.) and be the original sponsor of legislation that will have a major impact on national aging policy.  The lawmaker would become a hero to America’s seniors.  The White House Conference on Aging was the result of legislation successfully sponsored by Fogarty, and led to the enactment of his bill to establish an Administration of Aging in the Department of Health, Education and Welfare.  He was the original sponsor of legislation that established the Older Americans Act of 1965.

But even if a Rhode Island Congressman makes a decision to become the original sponsor to Cicilline’s resolution that reestablishes the HSCoA, passing this resolution in a GOP-controlled House will require support from that caucus. 

Congressmen Brian Fitzpatrick (R-PA) and Josh Gottheimer (D-NJ), co-chairs of the “Problem Solvers Caucus,” consisting of essentially an equal number of 63 Republican and Democratic lawmakers, may well be the way to finally pass a resolution to reestablish the HSCoA. 

Weiner, who would later become a senior staffer to both the Clinton and Bush White Houses and now is a national columnist and winner of the National Press Club President’s Award for recruiting young journalists, agrees that it is now time to bring the Problem Solvers Caucus to the forefront to endorse and together have a bipartisan House support push for reestablishing the HSCoA.  “The Aging Committee has always been bipartisan, with leaders including not only Pepper and Ed Roybal as chairs, but supportive ranking minority members including then House members — later Senators — Chuck Grassley, Bill Cohen, and John Heinz.

Age Discrimination, Workplace Issues at House Hearing

Published in RINewsToday.com on March 22, 2021

Just days ago, Rep. Robert C. “Bobby” Scott (D-VA), chairperson of the House Committee on Education and Labor and Rep. Rodney Davis (R-IL) introduced, H.R. 2062, the bipartisan “Protection Older Workers Against Discrimination Act” (POWADA), a bill that would strengthen federal anti-discrimination protections for older workers. The legislation was introduced March 18, 2021, the same day of a joint House Education and Labor Subcommittee hearing, held to address a variety of workplace issues.  POWADA has been referred to the House Committee on Education and Labor for consideration.

The reintroduction of POWADA is timely.  As the COVID-19 pandemic continues, older workers are attempting to keep their jobs, working more and longer than they ever have. When seniors lose their jobs, they are far more likely than younger workers to join the ranks of the long-term unemployed. And unfortunately, discrimination appears to be a significant factor in older workers’ long-term unemployment.

A 2018 survey conducted by the Washington, DC-based AARP found that 3 in 5 workers age 45 and older had seen or experienced age discrimination in the workplace. The 2018 survey also found that three-quarters of older workers blame age discrimination for their lack of confidence in being able to find a new job.

Congress Gears Up to Again Fight Age Discrimination

Reps. Scott and Davis were joined by seven Republicans and 14 Democrats, including Civil Rights and Human Services Subcommittee Chair Suzanne Bonamici (D-OR) and Workforce Protections Subcommittee Chair Alma Adams (D-NC) to support H.R. 2062.

Rhode Island Rep. David Cicilline has also requested to be a co-sponsor of this legislation.

POWADA was first introduced in Congress after an adverse 2009 Supreme Court decision, Gross v. FBL Financial Services, made it much more difficult for older workers to prove claims of illegal bias based on age. Under Gross, plaintiffs seeking to prove age discrimination in employment are required to demonstrate that age was the sole motivating factor for the employer’s adverse action.  The Supreme Court ruling upends decades of precedent that had allowed individuals to prove discrimination by showing that a discriminatory motive was one of the factors on which an employer’s adverse action was based.

Scott’s reintroduced 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.

“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, says chairperson Scott, noting that the reintroduced bipartisan bill would finally restore the legal rights under the Age Discrimination in Employment Act, which covers workers age 40 and over.

Republican Rep. Rodney Davis puts aside political differences and has stepped up to the plate with a handful of GOP lawmakers to co-sponsor Scott’s POWADA legislation. “Every American, including older Americans, deserves to work in a workplace or jobsite that is free from discrimination. That’s why I’m proud to team up with chairperson Bobby Scott and a bipartisan group of lawmakers in introducing the Protecting Older Workers Against Discrimination Act. Our bipartisan bill provides workplace protections for older workers by removing barriers they have to filing discrimination claims, ensuring their workplace rights can be enforced, says Davis, pledging to work with colleagues on both sides of the aisle to finally get the bill passed,” he says.    

Oregon Rep. Bonamici, who chairs the Subcommittee on Civil Rights and Human Services, notes that her state has a rapidly aging population, and age discrimination in the workplace remains disturbingly pervasive.  She joins Scott in cosponsoring POWADA.

“I’ve heard from Oregonians who were denied or lost a job because of their age, but the bar for proving discrimination is very high and the outcomes are uncertain. The bipartisan Protecting Older Workers Against Discrimination Act makes it clear that unlawful discrimination in the workplace is unacceptable and holds employers accountable for discriminatory actions,” says Bonamici.

Adams, who chairs the Subcommittee on Workforce Protections, joins Bonamici in cosponsoring POWADA.  The North Carolina Congresswoman states: “Labor law must protect the dignity of all workers and it must recognize that discrimination against older Americans is discrimination all the same,” says Adams, who chairs the Subcommittee on Workforce Protections. The North Carolina Congresswoman notes that POWADA ensures that older workers will be fairly treated in the job market, returning the legal standard for proving discrimination back to its original intent. There is no place for disparate treatment based on age in the workforce.”

“Labor law must protect the dignity of all workers and it must recognize that discrimination against older Americans is discrimination all the same,” says Adams, who chairs the Subcommittee on Workforce. The North Carolina House Lawmaker says that POWADA ensures that older workers will be fairly treated in the job market, returning the legal standard for proving discrimination back to its original intent. There is no place for disparate treatment based on age in the workforce.

“The introduction of this bill is a crucial step to strengthening the law and restoring fairness for older workers who experience age discrimination,” said Nancy LeaMond, AARP Executive vice president and Chief Advocacy & Engagement Officer. “It sends a clear message that discrimination in the workplace – against older workers or others – is never acceptable.

“Age discrimination in the workplace, like any other kind of discrimination, is wrong.,” said AARP Rhode Island State Director Kathleen Connell. That’s why AARP is fighting all forms of age discrimination in the hiring process and on the job, including an unfair court decision that makes age discrimination more difficult to prove than race- or sex-based discrimination. “Rhode Islanders are living and working longer and experienced workers bring expertise, maturity, and perspective,” Connell added. “Yet negative stereotypes and mistaken assumptions mean that older people are often treated unfairly in the workplace. We need bipartisan Congressional action to address this stubborn and persistent problem.”

Tackling Workforce Issues

Over two-hours, four witnesses testified at a joint Zoom hearing, “Fighting for Fairness: Examining Legislation to Confront Workplace Discrimination,” held before the House Education and Labor Subcommittee on Civil Rights and Human Services and the Subcommittee on Workforce Protections. The morning hearing addressed an array of workforce issues including race and longstanding gender inequities and barriers and pregnancy discrimination at the workplace. A spotlight was also put on the rampant increase of age discrimination that older workers are now facing in the job market and the need to pass POWADA to reverse the detrimental impact of a 2009 Supreme Court decision.

Lauren McCann, senior attorney at AARP Foundation, pointed out to the attending House lawmakers that age discrimination in the workplace remains “stubbornly persistent” and urged a House Education and Labor hearing to “re-level the playing field” by passing strong anti-bias legislation.

McCann told the committee that the ongoing COVID-19 pandemic has exacerbated the problems faced by older workers, who have left the labor force in the last year at twice the rate during the Great Recession.

McCann testified that passage of POWADA, sponsored by Scott, the Chair of the House Committee of Education and Labor, is crucial to reverse the 2009 Supreme Court decision in the Gross v. FBL Financial Services, Inc. case. McCann said that the high court’s 2009 decision abruptly changed the standard — from the longstanding requirement under the ADEA that a worker prove that age is just one motivating factor in adverse treatment on the job — to a much higher and tougher to prove standard: that age is the standard motive.

“Older workers now always bear the burden of persuasion in ADEA cases,” McCann emphasized.

According to McCann, House hearing comes at a time when older workers have been battered by the economic downturn caused by the pandemic. Unemployment for workers age 55 and older more than doubled between Feb. 2020, just before the pandemic began, and last month, based on AARP Public Policy Institute (PPI) analysis of federal data.

The number of age 55 and over unemployed has also doubled, up from one million in February 2020, to 2 million last month, according to PPI.

Turning to the Senate…

At press time, a senior Senate aide for Sen. Bob Casey (D-PA), who chairs the Senate Special Committee on Aging, says the Senator is posed to follow the House by throwing the Senate’s POWADA Senate companion measure into the legislative hopper Monday. 

The Pennsylvania Senator clearly understands why he again must push for the passage and enactment of POWADA.  “As more Americans are remaining in the workforce longer, we must recognize and address the challenges that aging workers face. We must make it clear to employers that age discrimination is unacceptable, and we must strengthen antidiscrimination protections that are being eroded,” says Sen. Casey. “POWADA would level the playing field for older workers and ensure they are able to fight back against age discrimination in the workplace.”