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Writer Herb Weiss attains archive status: a legacy of 45 years of advocacy on aging

Published on April 2, 2025

The substantial body of work compiled by Herb Weiss—a 72-page list detailing 1,111 articles on aging, plus three books published over 45 years—now has a permanent home at Rhode Island College’s (RIC) Special Collections, housed in the James P. Adams Library. The archive, titled the Herbert P. Weiss Papers, 1980 to 2025, is a significant addition to RIC’s archives.

This newly established collection spans Weiss’s career as a writer, editor, and journalist, documenting his contributions to the field of aging, senior life, healthcare, and public policy. The collection includes a range of publications that

Weiss contributed to as a writer, editor, or editorial board member. These publications—magazines, newspapers, newsletters, and trade journals—cover topics such as aging, senior life, healthcare, and federal and state policy issues.

In addition to his articles, the collection features various degrees, certificates, and awards Weiss has earned throughout his education and career.

Weiss’s journalistic career began long before he was a staff writer intern (a three-month position) for the Providence Journal. He has since written columns and digital news commentaries on aging for outlets such as the Pawtucket Times, Woonsocket Call, Senior Digest, Senior Living (now Prime Time), and RINewsToday. Weiss holds a Master of Arts in Studies in Aging and a Specialist Certificate in Aging from North Texas State University (now the University of North Texas). He also spent years covering health and long-term care policy as an accredited House Gallery Reporter in Washington, D.C., for various publications.

Weiss has contributed his expertise to the editorial boards of McKnight’s LTC News and The Brown University LTC Quality Letter. His “Age Beat” column, which has been a staple for local readers in Rhode Island, reflects his dedication to covering generational issues with depth and insight.
Weiss has published three volumes of his column compilations: Taking Charge: Collected Stories on Aging Boldly (2016), Taking Charge: Vol. 2 – More Stories on Aging Boldly (2021), and his recently released third volume, Taking Charge: Vol. 3 – Even More Stories on Aging Boldly.

Service to the Community and Advocacy

In addition to his journalistic work, Weiss has served as Pawtucket’s arts and cultural “ambassador” and as the deputy director of the Leon Mathieu Senior Center. He has been appointed to the Rhode Island Advisory Commission on Aging by five different governors and, in 2021, was tapped by Rhode Island Senate President Dominick J. Ruggerio to serve on the Advisory Council on Alzheimer’s Disease Research and Treatment.

Weiss’s impact extends beyond his writing: one local restaurant even named a lobster salad (delicious) and a hamburger (dangerous) in his honor. Recently, a small café also named a decadent breakfast sandwich after him, called “The Herb Weiss Breakfast Sandwich.”

Weiss hopes that the archive will provide researchers, students, and journalists with valuable historical context on aging policy and community issues from the past four decades. His work, particularly in understanding aging-related public policy, will be a helpful resource for professionals in aging services, healthcare, social work, and gerontology.

The Value of the Collection at RIC

Housed in RIC’s Special Collections, the Weiss archive is poised to benefit generations of students, researchers, and professionals. The collection not only preserves the history of aging policy in Rhode Island and in Congress but also serves as a vital resource for anyone involved in or studying aging-related topics.

The value of this collection lies not only in the breadth of its coverage but also in its unique perspective—Weiss has chronicled aging issues from a journalistic standpoint, grounded in personal experience. His columns explore complex issues like healthcare, caregiving, and retirement, offering readers practical advice as well as a deeper understanding of the challenges faced by older adults.

The Herbert P. Weiss Papers collection offers insights into the evolution of aging policies and practices, highlighting both local Rhode Island issues and broader national trends, especially pulling the findings from AARP reports, studies and polls For students and professionals in fields such as nursing, healthcare administration, gerontology, and social work, the collection provides a solid foundation of knowledge. It will also inform the work of aging professionals, enabling them to better advocate for older adults and their families.

What They’re Saying About the Herbert P. Weiss Papers collection at Rhode Island College

Numerous aging network professionals, providers and elected officials have praised the significance of the Herbert P. Weiss Papers at RIC. Some have recognized Weiss for his tireless work on aging issues, others have lauded the collection’s contribution to expanding access to vital research on aging. One even commented on the collection’s role in tackling pressing issues such as Medicare reform and family caregiving. Others noted that this collection would become an invaluable resource for students, faculty, and policymakers alike.

Let us take a look at their comments…

“I am so pleased to have the opportunity to praise the action of Rhode Island College in establishing the collection of the works of Herb Weiss’s reports on aging in Rhode Island over the years. The reports have recognized the evolution of the enormous challenges faced by our large aging population and inspired the people who worked tirelessly to address them.

I met Herb when he worked for the Pawtucket Times and the City of Pawtucket. Back then, we both served as members of the Governor’s Commission on Aging. The committee members were younger then and were mostly leaders in agencies, service providers and dedicated professionals. I came to recognize the young reporter (Herb) and his deep commitment to solving the daunting challenges we faced.

Herb has never let up on his efforts and his writings are full of insights and useful information presented in multiple articles and reports which are all factual and frequently memorable. He has gained readers among leaders, researchers and others of all ages. His writings are a great resource for the public, and the state’s Office of Elderly Affairs.

Herb is a true champion for all as we age.”
Kathleen Connell, Past Secretary of State of Rhode Island, Past Director of AARP Rhode Island

“Herb Weiss’s collection at Rhode Island College is a treasure trove of invaluable insights that have not only shaped the conversation on aging, but also influenced key policies at both the state and national levels. His tireless dedication to addressing the challenges of an aging population is reflected in his extensive body of work. The establishment of the Herbert P. Weiss Papers at RIC will serve as a lasting resource for future generations of students, researchers, and policymakers, ensuring that Herb’s contributions to aging policy remain accessible for years to come. It is an honor to have his remarkable legacy preserved in such a meaningful way.”

Robin Covington, Coalition Director – Rhode Island Coalition for Elder Justice

“What an honor to hold the Herb Weiss collections at Rhode Island College and so well deserved! I especially enjoy Taking Charge: Stories on Aging Boldly where Herb Weiss offers practical tools to live a happy, fulfilled life and interviews experts and everyday people who share their keen observations about growing older.”

Patricia Raskin, Broadcaster “Positive Living and Aging”PBS and Cumulus Afffiliates and Southcoast Health Podcasts

“Herb is a respected leader and trusted authority in the aging field, as evidenced by his appointments by the last five governors to provide crucial guidance to the Advisory Commission on Aging. We are excited that his remarkable collection will be showcased at Rhode Island College’s James P. Adam’s Library, increasing visibility of his work and expanding access to his writings, which have made a significant contribution over the past 45 years in support of the nation’s aging population.”

Meghan Grady, Executive Director of Meals on Wheels of RI, Inc. and Chair of the Advisory Commission on Aging.

”It’s fantastic to have the collective works of Herb Weiss’s many insightful insights on aging organized in one place for all to benefit from his years of experience in aging.”

Sarah Lenz Lock, SVP Policy & Brain Health, AARP

“Herb Weiss has an incredible dedication to shining a light on so many issues involving aging. This collection will be an invaluable resource in further understanding the myriad of important topics that he has addressed in his decades of insightful writing.”

Larry Berman, Director of Communications, Rhode Island House of Representatives

A wealth of Herb Weiss’ keen observations and insights with respect to all things healthy aging, is now housed at Rhode Island College, to the benefit of students, researchers, and professionals in aging work. This treasure trove will be a tremendous asset to those seeking context or to understand the broad range of issues facing older Rhode Islanders and their caregivers. The Weiss collection will also inform the work of countless aging work professionals and provide a solid foundation for students pursuing their education in nursing, gerontology, healthcare administration, as well as social work.

James B. Connell, Age-Friendly RI

“Herb Weiss’s reporting on aging has helped shape our state’s long-term care services. As Lieutenant Governor, I have often relied on his writing to both stay informed on the issues of the day and to learn about the history of aging policy in Rhode Island which he has covered over his long career. The Herbert P. Weiss Collection at RIC James P. Adams Library will ensure that generations to come are able to access his reporting, and I am glad to see the importance of his work recognized in this way.”

RI Lieutenant Governor Sabina Matos

“Herb Weiss has long been a guiding voice in the conversation around aging, capturing both the personal journey and the broader policy landscape with clarity and depth. His work distills complex research into accessible articles that educate the public, influence policymakers, and support older adults, their families, and caregivers. His collection of articles, now housed in the “Herbert P. Weiss Papers collection at Rhode Island College’s (RIC) James P. Adams Library, tackle pressing issues such as Social Security and Medicare reform, affordable housing, and the challenges of family caregiving. His tenacity and commitment to truth make his articles an invaluable resource for anyone seeking to understand aging in America today. More than just a policy discussion, the collection is a roadmap for navigating the later years of life with knowledge and confidence.

Whether you’re an advocate, a professional in elder care, or simply planning for your own future, RIC’s archives of his work offers essential insights into the evolving landscape of aging—one well-researched story at a time.”

John E. Gage, MBA, NHA, President & CEO, Rhode Island Health Care Association

“Herb Weiss has dedicated his career to illuminating the complexities of aging and retirement, providing invaluable insight and advocacy for older adults. Through his thoughtful journalism and deep expertise, he has shaped public understanding and influenced policy discussions, ensuring that aging issues remain at the forefront. His work has had a profound impact, empowering individuals and communities with the knowledge needed to navigate later life with dignity and confidence. It has been an honor and privilege to have now published three volumes of his collected works.”
Steven R. Porter, Publisher, Stillwater River Publications, West Warwick, RI

“Herb Weiss’s 3 book compendium is a one of a kind collection, illustrating the complex social, economic, and political dynamics that surround and influence elder care in our country. This is a vital resource for all professionals who have anything to do with elders and their families. Herb’s sensitivity to these matters emerges from his various roles as a professional himself – a noted author, a devotee to culture and art, a background as a former Nursing Facility Administrator and an opinion writer on all legislative issues related to elders at local and national levels. This recognition of him at Rhode Island College brings honor indeed to the institution.”

Teresa Chopoorian, EdD, MSN, FNAP, Vice President and Administrator , Mansion Nursing and Rehabilitation Center; Fellow, National Academy of Practice , Nursing

“Herb Weiss has worked tirelessly over many years to keep Rhode Island’s aging population informed about the issues that matter most and highlight policy areas and proposals that otherwise might not receive wider attention. Congratulations to Herb and Rhode Island College for creating this valuable resource.”

Dominick J. Ruggerio, President of the Senate

“Herb Weiss has helped countless people better understand aging, caregiving, and the politics of long term care through his clear and accessible writing. His books and articles have educated and inspired readers across Rhode Island and beyond. As a RI College alum, it is great to know that the Herbert Weiss Papers collection will be available at Adams Library for the students, professionals, and the community for years to come!”

Deb Burton, Ms., Executive Director & Gerontologist, RI Elder Info.

“Herb Weiss for many years has been a tireless, committed researcher and writer regarding the issues that face our increasingly older population. I always read his work with interest and believe his writings will be a valuable resource for students, faculty, politicians, and others who earnestly seek to address the needs of those of us who are elders in the community.”

Dr. Nancy Carriuolo, Rhode Island College president 2008-2016

“As a journalist Herb has always adhered to the most critical qualities of objectivity, integrity and just plain good understandable writing, coupled with his keen sense for a story that needs to be told,” states Bill Benson, former Acting Assistant Secretary for Aging at the U.S. Administration on Aging who leadership position in the US Senate and House of Representatives. Rhode Island College is to be commended for providing a permanent home for Herb’s collection, says Benson. “These are worrisome times with journalism under assault.” Hopefully those reviewing the Herbert P. Weiss collection in the future who care about aging in America will find inspiration and a model for quality writing on these important matters, he said.

Bill Benson, Former Acting Assistant Secretary for Aging at the U.S. Administration on Aging who spent 8 years working in both the U.S. Senate and House of Representatives

“We appreciate Herb Weiss’s donation and believe that it will be beneficial to RIC students and the broader Rhode Island community interested in the topics of healthcare, policy, and aging.Thank you!”

Veronica L. Denison, Assistant Professor, Digital Archivist and Special Collections Librarian, James P. Adams Library, Rhode Island College

“Herb has chronicled over 45 years of aging in America and locally. No one individual has been so attentive and dedicated to older adult reporting on emerging healthcare concerns, social security and financial matters, caregiving, socialization, volunteering, nutrition, etc. This collection provides enormous historical access for social & healthcare workers, geriatric case managers, policy makers, and elected officials. Readers should want to immerse themselves in these insightful and instructive stories. Well done, Herb!”

Vincent Marzullo, former Federal Director/Corp. for National & Community Service (RI); past volunteer President, AARP RI; Board member/Senior Agenda Coalition of RI.

“We are thrilled and honored to hold the Herb Weiss collections at Rhode Island College. No one has made more contributions to the field of aging and long term care through their journalism and writing than Herb. Herb has studied and tracked policies, issues, trends, legislation, and best practices in long term care for years and provided invaluable research, commentary, analysis, and a historical perspective. Most important, he has engaged with the community, policy makers, providers, and older adults themselves and has fully immersed himself in the field.

Having his collection at Rhode Island College will provide an invaluable asset and resource to faculty, students, researchers and those shaping policies on services and supports to older adults. As the population is rapidly growing older, his work has become increasingly more relevant and important today and in the future.”

Marianne Raimondo, MS, MSW, LICSW, Ph.D., Dean, School of Business, Rhode Island College

“Until now, Herb Weiss has been a virtual walking archive of information about retirement issues and policy debates about aging in America. Now, thanks to RIC’s Adams Library, anyone, including Weiss, will literally be able to walk in (or dip in online) and access one of the rarest continuous files of media coverage on this vital topic over most of the past half century. Uniquely researched and written from the perspective of a single journalist and public policy professional, the Herbert P. Weiss Papers should stand as an historical treasury for researchers and students in the years to come.”

Paul Kleyman, Cofounder, Journalists Network on Generations/Editor, GBONewss.org.

“It is an honor to be asked for a quote on Herb Weiss’ work for your archiving his writings. As the former Chief of Staff of the House Aging Committee and since then a spokesman at the White House and after, I’ve had the privilege of working with Herb Weiss for decades. Herb Weiss is the best and most knowledgeable aging issues writer in the country. He has informed not only Rhode Island but the Nation on problems and solutions for the elderly. His work will finally be archived and protected as the national treasure that it is. His historical record is invaluable and an incomparable resource for researchers, writers, and students.”

Robert S. Weiner, Former Chief of Staff, U.S. House Aging Committee under Chairman Claude Pepper, spokesman in the Clinton and Bush White Houses, and spokesman/senior staff for Cong. Claude Pepper, Charles Rangel, John Conyers, Ed Koch, Sen. Ted Kennedy, and Four-Star Gen./Drug Czar Barry McCaffrey – Winner, National Press Club President’s Award for recruiting young journalists as co-bylined oped writers (1000+ articles to date (www.weinerpublic.com/opeds).
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“Herb Weiss has set the highest standard for writing on important aging policy issues. He does more than write. He provokes people to take action. He is the best journalist advocate I know.”
Bob Blancato, Executive Director, National Association of Nutrition and Aging Services Programs, DC

“Herb Weiss is an indispensable conduit for real-time news that gives us what is increasingly disappearing: honesty, transparency, fact-based And an amalgam of big-picture and personal stories about aging and the human condition—a real treasure!”

Fernando Torres-Gil, M.S.W., Ph.D., Director, UCLA Center for Policy Research on Aging; Professor, Social Welfare and Public Policy, UCLA Luskin School of Public Affairs

“Herb’s contributions have been a guiding light in the field of aging, illuminating critical issues with compassion, clarity, and a relentless pursuit of the truth. This collection is a well-deserved tribute to his decades of impactful journalism and advocacy.”
John O’Connor, Editorial Director, McKnight’s

“For over 45 years Herb Weiss’s reporting has kept us informed about important issues touching the lives of our older population – from critical national and local policy proposals to tips for aging boldly. This collection honors his many years of journalistic excellence in reporting on aging.”
Maureen Maigret, Policy Advisor, Senior Agenda Coalition of RI

“The City of Pawtucket is proud to recognize the establishment of the Herbert P. Weiss Papers collection at RIC’s James P. Adams Library, preserving his invaluable contributions to the fields of aging, health care, and medical issues. Herb’s work has profoundly impacted our community, and this collection ensures that his legacy will continue to inform and inspire future generations.”
Mayor Donald Grebien, Mayor of Pawtucket, RI

“Herb Weiss tackles important seniors’ topics from a Rhode Island perspective, at once localizing and nationalizing them. Our organization has been happy to help share Herb’s work with a national audience over these past decades. His columns go beyond routine reporting on Social Security, Medicare, Aging, and a host of other issues we care about. Herb brings nuance, balance, and detail where it can otherwise be lacking in other media. This new collection of his works will be a valuable resource to everyone in our field.”

Max Richtman, President and CEO, National Committee to Preserve Social Security & Medicare

“Herb Weiss has been an articulate and passionate writer on so many issues related to aging and older adults in Rhode Island. His writings trace the enduring achievements and challenges of growing older, and this collection is a testament to his myriad contributions to enriching our perspectives on older adults.”

Phillip G. Clark, ScD, Professor and Director, Program in Gerontology
University of Rhode Island

From Herb Weiss: A Personal Reflection

As Weiss reflects on his decades of work, he acknowledges the unique role his writing has played in shaping public discourse on aging. Through his columns, he strives to offer practical advice and provoke action on aging issues, all while highlighting the personal and emotional aspects of growing older. His hope is that this archive will inspire and inform future generations, just as his columns have done for decades.

In conclusion, The Herbert P. Weiss Papers is a treasure trove of information that not only showcases a significant body of work in aging journalism but also offers a lasting resource for anyone seeking to understand the complexities of aging, caregiving, and public policy. The archive’s permanent home at RIC’s James P. Adams Library ensures that Weiss’s contributions will continue to inspire and educate students, researchers, and professionals long into the future. By preserving his comprehensive documentation of the aging landscape, RIC will allow future generations to benefit from his detailed insights and policy analysis. For anyone involved in aging-related work—whether in research, policy, or direct services—the collection will serve as a valuable touchstone for understanding the evolution of aging issues over the past four and a half decades.

This collection is an invaluable asset to the community, providing essential insights and supporting the work of those involved in aging services.

Publisher’s Note: Herb Weiss’s column on aging issues is featured every Monday in RINewsToday. We are thrilled to have Herb’s expertise with us, almost from the very beginning of our publication, 10 years ago. As we come to understand issues around aging in one of the state’s with the oldest populations, institutional history helps us know where we’ve been, what has been tried, what’s worked, what hasn’t – something all too often missing in today’s dynamic of politics and public policy.

We are grateful for Herb’s contributions to RINewsToday’s readers – and Congratulations to Herb on his collection being established at Rhode Island College! – Nancy Thomas, founder and publisher, RINewsToday.

– https://www.riamco.org/render?eadid=US-RPRC-mss-0149

Seniors with student loans: AARP’s new online tool to manage debt

Published in RINewsToday on April 5, 2021

Over the years, AARP Public Policy Institute (PPI) has tracked the staggering amount of student loan debt that seniors are shouldering to help their children and grandchildren finance their higher education. Many people age 50 also take on student loan debt themselves, seeking more education at colleges and universities to sharpen up their skills to get a raise or a higher paying job.  

AARP national CEO, Ann Jenkins, in a July 3, 2019 blog posting, “Student Loan Debt is Crippling too Many Families,” urged Congress and state legislatures to increase public investment in colleges and universities. “The cost of attending a four-year college more than doubled, even after adjusting for inflation, as state and local funding for higher education per student has decreased,” she said, noting that family incomes haven’t come close to matching that increase.” 

Jenkins warned that the rising cost of student loan debt is “crippling too many families” and “threatens to crush the financial security of millions of Americans over age 50.” According to a PPI report, released May 2019, entitled “The Student Loan Debt Threat: An Intergenerational Problem,” cited by Jenkins in her blog article, Americans of all ages owed $1.5 trillion dollars in student loan debt as of Dec. 2018. Compare this to people ages 50 and older who owed 20 percent of this debt, or $289.5 billion of that total, up from $47.3 billion in 2004, she said, noting “that’s a fivefold increase since 2004.”

Most troubling, this 2019 PPI analysis, found that 25 percent of private student loan cosigners age 50 and older had to make a loan payment because the student borrower failed to do so.

The 2019 PPI analysis findings also indicated the obvious – that is, taking on student loan debt  can quickly deplete a senior’s retirement egg nest. The data revealed that many older student loan borrowers racked up debt by running a balance on a credit card (34 percent) and taking out a Parent PLUS loan, federal money borrowed by parents (26 percent). Other types of borrowing included taking out a home equity loan (12 percent), refinancing of their homes (10 percent), and taking out a loan against their retirement savings (8 percent).

Jenkins also noted that for seniors who defaulted in paying their monthly student loan payments, the federal government can recoup this money by taking a number of steps to collect, among them taking a portion of federal or state income tax refunds, withholding a percentage of Social Security retirement or disability benefits, or even garnishing some of the borrower’s wages.

Today, America’s seniors are still feeling the overwhelming financial weight of having to pay off student loan debt.  

Updated Student Loan Data Released 

Last week, AARP’s PPI released a new report updating data on older student loan borrowers. Like its 2019 analysis, the newly released data in the report, “Rising Student Loan Debt Continues to Burden Older Borrowers”, revealed that student loan debt is still a staggering problem across generations: Americans 50 and older held $336.1 billion, or 22 percent, of the $1.6 trillion in student loan debt in 2020. In 2004, older borrowers accounted for 10 percent of the $455.2 billion student loan debt.

“Student loan debt is becoming a burden for all generations, ensnaring more older adults and delaying or battering the retirement plans for many,” said Gary Koenig, AARP Vice President, Financial Security, in an AARP statement released on March 31, 2021. “Paying for higher education was never meant to last a lifetime.

That is why AARP is helping individuals take charge of their debt and financial security,” he said.

AARP’s newly released PPI analysis found that millions of borrowers – including as many as seven million individuals ages 50-plus – have had their payment suspension extended through September due to the pandemic. However, around a fifth of student loan debt – more than $300 billion – is not included in the current suspension.

Managing Your Student Loan Debt

To help individuals manage their student debt, AARP and Savi unveiled last week a new student loan repayment tool to help individuals identify the best payment options, with special features for the 50-plus population. The Savi Student Loan Repayment Tool provides a free, personalized assessment of student loan repayment options. It can also help individuals identify loan forgiveness opportunities based on employment, and assistance in preparing and filing paperwork.

“We’ve seen the generational impact of student loan debt, and we’re excited to work with AARP in helping older borrowers access immediate and long-term relief,” said Tobin Van Ostern, co-founder of Savi. “This is about changing the narrative and providing freedom from the burdens of student debt to those who need it most,” he notes.

“This new AARP resource provides a means for Rhode Islanders to form a clearer picture of student loan repayment that could help many clear up uncertainties and avoid potential additional costs,” said AARP Stated Director Kathleen Connell. “I urge older Rhode Islanders to get the Information they need, especially those whose retirement savings might be impacted.” 

Any adult with student loans may use the on-line tool at no cost, after registering at AARP.org/studentloans. AARP worked with Savi to customize the tool for older borrowers and includes: Options for dozens of national and state repayment and forgiveness programs; synchronized federal and private loans across all loan servicers easily with industry standard security; support from student loan experts; and access to free educational resources.

According to AARP’s statement announcing the new online tool, the Washington, DC – based aging advocacy group has worked with Savi to provide this resource to low-income older adults at no cost through the AARP Foundation. As older adults are the largest growing age group of student loan borrowers, AARP, and Savi are committed to helping them access the tools they need to begin tackling their student loan debt.

AARP’s statement makes it very clear that its collaboration with Savi does not involve or promote student loan refinancing of any.

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.”