Senate Aging Committee: Mandatory Arbitration in Age Bias Cases

Published in RINewsToday on September 8, 2025

Chairman Rick Scott (R-FL) and Ranking Member Kirsten Gillibrand (D-NY) of the U.S. Senate Special Committee on Aging recently held a full committee hearing titled ‘Protecting Older Americans: Leveling the Playing Field for Older Workers’ in SD-106 at 10:30 a.m., shining a spotlight on the harmful impact of age discrimination which is viewed as pervasive and damaging to the nation’s economy.  The intent of this hearing was to raise public awareness about how it results in the potential loss of legal rights of older workers through the legalese in employment contracts, requiring mandating arbitration.

According to a 2024 AARP survey, the vast majority of older workers have reported witnessing age discrimination. The survey found that 64% of older workers have either seen or experienced age discrimination in the workplace.  Additionally, the findings indicated that, 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

After calling the hearing to order, Chairman Scott stated, “Age discrimination isn’t just wrong, it’s stupid. I’m a business guy, and I can tell you that looking at someone’s age instead of the value they bring to an organization makes no sense. You can’t run a business or government that way and we need to make sure it’s not happening to American seniors.”

Opening the hearing, Chairman Scott stressed that work provides purpose and fulfillment. “Having a purpose is an essential part of the American Dream, and it has long been an indicator of both mental and physical well-being across all age groups,” he said, noting that research findings indicate that “older workers who remain engaged, experience greater physical health, mental resilience, and life satisfaction.”

“We need to make sure Americans of all ages have the opportunity to work and pursue their dreams by stopping age discrimination and removing the red tape and barriers that hamper or discourage older Americans from continuing work or starting new businesses or careers,” Chairman Scott told the Senate Panel.

The economic and overall well-being of older Americans was at the center of the Sept. 3 hearing, which brought the issue of age discrimination in the workplace to the forefront with a growing number of older workers being denied employment, being passed over for promotions, or just being fired because of their age. The discussion, led by Ranking Member Gillibrand, took a close look at a major legal barrier for victims of age discrimination, the forcing of mandatory arbitration clauses in employment contracts.

“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,” says Ranking Member Gillibrand in an opening statement. “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,” she said, noting that many of these individuals are not even aware that their employment contract contains  a forced arbitration clause.

According to Gillibrand, the contract “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,” she says.

At this hearing, witnesses also called this practice “fundamentally unfair” that suppresses age discrimination claims, favors employers and hides misconduct from the public, effecting blocking older workers from their seventh Amendment constitutional rights to a jury trial without their full consent.

Bill Restores Right to Sue for Discrimination

During the Senate panel hearing, Ranking Member Gillibrand called for the passage of a bipartisan legislative proposal, S. 2703, entitled the Protecting Older Americans Act, which she introduced alongside Sens. Lindsey Graham (R-SC), Dick Durbin (D-IL), and Chuck Grassley (R-IA) to protect seniors facing age discrimination at work. This common-sense legislation, introduced the day of the hearing and referred to the Senate Judiciary Committee, 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.

According to a statement released by Gillibrand, the bipartisan proposal 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.

But, 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, noted the statement.

Meanwhile, several witnesses drew parallels to the successful Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, signed into law in 2022 by President Joe Biden, which ended forced arbitration in cases of sexual harassment and assault. They argued that fears of excessive litigation following its passage were unfounded. The discussion also identified other policy barriers facing older workers, pointing to the Social Security’s retirement earnings test, that was identified as a disincentive that discouraged older workers from remaining in the workforce.

Targeting Hidden Job Contract Barriers

The hearing, featuring testimony from expert witnesses, including representatives from the Washington, D.C. based AARP—the nation’s largest aging advocacy group with 35 million members—a former Fox News journalist, an academic, and a conservative policy foundation, emphasized the importance of creating equal opportunities for older workers, especially as the nation’s population continues to age and many choose to continue working later in life.

Witnesses at this 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.

Throughout the hearing, lasting over an hour, these witnesses warned that age discrimination has become widespread and an economically damaging problem that financially and emotionally harms older Americans.  Older workers contributed positively to America’s businesses and to the economy by bringing their life-long work experience, and mentorship to younger workers to the workplace, they stressed.

“Talk to older job seekers and they’ll tell you they hear things in interviews like you’re overqualified. We’re looking for a digital native or a more energetic candidate. This is undermining the financial stability of too many capable Americans,” said Nancy LeaMond, Chief Advocacy and Engagement Officer for AARP.

LeaMond stressed that age discrimination was a pervasive issue, with nearly two-thirds of workers over 50 having seen or experienced it. She highlighted the severe economic consequences, noting it cost the U.S. economy $850 billion annually (a figure projected to reach nearly $4 trillion by 2050) and was particularly damaging for the many older Americans who lacked adequate retirement savings and needed to continue working.

Often because of necessity or choice, older Americans need to work, says LeaMond. Federal Reserve data indicated that 54% of households had no retirement savings, underscoring the financial need for many older Americans to work longer, she said.

The impact on losing a job for an older worker can be profound, notes LeaMond. She cited an Urban Institute Study that found that about half of workers in their early 50s experience involuntary job loss that sharply reduces earnings forcing them into long-term unemployment – something that older workers face at higher rates than younger peers.

While AARP endorses Ranking Member Gillibrand’s bipartisan proposal, S. 2703, she also called for passage of Senators Tammy Baldwin (D-WI) and Grassley bill (R-IA),  S. 1820, The Protecting Older Workers Against Discrimination Act. Representative Robert C. “Bobby” Scott  (D-VA) has introduced H. 3522, the House companion measure.

Witness David Horton, Professor of Law at the University of California, Davis, with a specialty in arbitration law and contracts, argued that forced employment arbitration in wrong doings, such as age discrimination, was not consensual, as employees had no real choice when accepting a job. “Studies confirm what our intuition tells us: workers are bombarded with information, their eyes glaze over at the legalese, and very few realize that they are surrendering their right to access the courts,” he testified.

Horton further explained that arbitration had systemic flaws that disadvantaged employees, such as the “repeat player” problem where arbitrators have a financial incentive to favor employers, and the inability to bring class-action claims. Horton, who holds the Fair Business Practices & Investor Advocacy Endowed Chair, concluded that forced arbitration’s purpose was not to resolve disputes, but to suppress them.

Meanwhile, witness Gretchen Carlson, a former Fox News journalist who is co-founder of the non-profit Lift Our Voices, shared her personal experience and her successful advocacy to pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. She argued that the fears of a “slew” of lawsuits following that bill’s passage did not happen, and she believed the same would be true for the Protecting Older Americans Act. She framed the issue as a fundamental matter of the ”freedom of choice” and restoring workers’ Seventh Amendment right to a jury trial.

“In my unscientific study…over nine and a half years, “the vast majority say that when they’re forced into arbitration, never work in their chosen profession ever again… there’s a myriad of problems here, but to me, forced arbitration is the evil,” said Carlson.

Speaking Out Against Outdated Policies

Witness Rachel U. Greszler, Senior Research Fellow at the Heritage Foundation, focused on the older worker’s value and impact on the economy and society.  She identified public policies, primarily Social Security’s retirement earning test, calling it an outdated policy that would discourage work for older workers.  She also criticized regulations on independent contractors that limited flexible part-time work opportunities for older workers.

The testimony at this hearing, combining expert observations with personal stories, is intended to raise public awareness and increase political pressure on a divided Congress to act in protecting the legal rights of older workers from age discrimination hidden in the very fine print of employment contracts.

To watch the hearing, go to https://www.aging.senate.gov/hearings/protecting-older-americans-leveling-the-playing-field-for-older-workers

Fraud Schemes Targeting Older Adults: Senate Aging Committee Sounds Alarm

Published in RINewsToday on July 21, 2025

“Congratulations! We are pleased to inform you that you are one of our lucky winners,” read the letter.

The official-looking correspondence—purportedly from the desk of the Vice President, International Promotions/Prize Award Department of Publishers Clearing House (PCH)—continued:

“On behalf of the members and staff of PCH, the Association of North America Lottery, and Provincial Sweepstakes, we sincerely congratulate you on your grand prize winnings of $750,000… Please contact your claims agent to arrange method of payment.”

Enclosed was a check, appearing legitimate, allegedly issued by Northern Fairfield Insurance (NFI) of Danbury, Connecticut, from a Webster Bank account, in the amount of $9,700.65.

According to the letter, the check was intended to help cover taxes, handling, and processing fees related to the prize.

Northern Fairfield Insurance, established in 1998, is a small firm with just three employees, including its owner, Jim Ostrove. Nearly two weeks ago, Ostrove began receiving calls—mine among them—asking whether the PCH letter and enclosed check were legitimate.

“The volume has tapered off by the day,” he admits, noting that “we’re no longer receiving any calls.”

A quick call to NFI confirmed my suspicions: the letter, marked “Confidential,” was a scam. In conversation with Ostrove, he said, “I felt violated and angry.”

Concerned, Ostrove contacted Webster Bank—the financial institution listed on the counterfeit check—to confirm that no account had been set up in his company’s name. The bank quickly verified this, noting that the check’s routing number was invalid and had no connection to a legitimate account. “Looking closely at the PCH check, I also realized that the name of my insurance company was misspelled,” Ostrove added.

Ostrove says the bank’s fraud unit was very helpful and confirmed the check was fake. His concerns about any potential financial fallout for his business were eased, he says.

Although Ostrove filed a police report, he had no real expectation that the scammers would be caught. “I just wanted the report on file in case someone came forward about the reward and tried to hold me financially responsible,” he said.

“My report made it very clear that I was a victim of fraud,” he emphasized.

According to the Federal Trade Commission, victims reported nearly $350 million in losses to prize, sweepstakes, and lottery-related scams in 2024.

Like me, the Better Business Bureau estimates that tens of thousands of individuals will receive similar scam mailings in 2025—complete with fake prize notifications, counterfeit checks, and fraudulent requests for payment or personal information. The actual number of victims may be much higher, as many incidents go unreported.

Senate Aging Committee Puts a Spotlight on Scams and Financial Exploitation

On Feb. 12, 2016, the U.S. Senate Special Committee on Aging announced the publication of its first full-year Fraud Book,” Protecting Older Americans Against Fraud, covering the period from January 1 to December 31, 2015. These annual reports aim to raise awareness about the growing number of fraud schemes targeting older Americans and provide specific recommendations to combat them.

The latest, published just recently, is a 40-page multi-language annual report, Age of Fraud: Scams Facing Our Nation’s Seniors (Report No. 119-35 of the 119th Congress), and was released on July 10, 2025. It highlights the many forms of fraud—including grandparent scams, tech support fraud, financial service scams, travel and timeshare fraud, romance scams, and government impersonation schemes.

“These schemes often target emotional vulnerabilities, particularly among seniors facing loneliness, isolation, or depression,” note Chairman Rick Scott (R-Florida) and Ranking Member Kirsten Gillibrand (D-New York) in a statement announcing the newly released report.

The 2025 bipartisan report outlines the growing financial threats facing aging Americans and ways for seniors to identify red flags that provide warnings of scams, suggests practical tips on how to protect themselves, and how to report scams. This year’s edition underscores the alarming rise in sophisticated schemes, particularly those utilizing artificial intelligence (AI). In 2024 alone, fraud and scams cost seniors over $4.8 billion, with those aged 50–59 losing an additional $2.5 billion.

“Across our nation, older Americans are being targeted every day by increasingly sophisticated scams that rob them not only of their hard-earned savings but also of their security and peace of mind. These attacks are personal, and they are unacceptable,” says Scott, stressing that fighting fraud against older Americans will remain a top priority for the Committee.

“Through critical initiatives like National Slam the Scam Day and our toll-free Fraud Hotline, we are expanding access to education, prevention tools, and direct support to empower families to recognize fraud and respond quickly,” he says.

“This report shines a direct light on the scale and severity of the threat we’re facing, and we must be united in our determination to stay vigilant, informed, and proactive in defending our seniors,” adds Scott.

Gillibrand adds, “We must do everything we can to prevent and fight back against these scams, and that starts with monitoring fraud whenever and wherever it occurs. As Ranking Member of the Senate Aging Committee, I’m committed to continuing the fight against fraud, and I hope this Fraud Book is a valuable resource for our aging communities.”

The report serves as a significant wake-up call to Congress. Fraud continues to skyrocket, notes the Committee. Citing FBI data, 2024 was a record year for losses reported to the Internet Crime Complaint Center, totaling a staggering $16.6 billion. There were 859,532 complaints that year—and over 4.2 million complaints over the past five years.

The report also emphasizes that fraud targeting older adults is growing in both complexity and financial impact, making enhanced awareness, education, and robust support systems more critical than ever.

 According to the FBI, from 2023 to 2024:

  • Overall losses increased 33%, mostly due to fraud.
  • Average loss for those age 60 and older rose to $83,000.
  • Reports for this age group increased by 43%.
  • Cryptocurrency-related losses rose by 66%.
  • Complaints involving cryptocurrency kiosks increased by 99%.

To safeguard aging Americans from fraud, scams, and financial exploitation, the Senate Aging Committee has led two bipartisan efforts: one resolution designating March 6, 2025, as National Slam the Scam Day to raise awareness and educate the public about fraud prevention, and another recognizing May 2025 as Older Americans Month. Both efforts aim to inform and protect older adults while reinforcing the committee’s commitment to combating fraud through public education, legislative action, and advocacy for stronger safeguards—ensuring seniors can enjoy their golden years with greater security and peace of mind.

From the Ocean State

According to the 2025 Fraud Report, the Federal Trade Commission reported 11,776 complaints were filed in Rhode Island in 2024.

“Our team tracks patterns of scams reported to us throughout the year,” says Timothy M. Rondeau, Communications Director for the Rhode Island Office of the Attorney General. “This year, we’ve continued to see a wide range of fraudulent actors deceiving Rhode Islanders through romance scams, imposter scams, and scams involving cryptocurrency.”

According to Rondeau, while new scams aren’t necessarily emerging, the tools and methods used are evolving. “AI tools are increasingly used in imposter and romance scams, where AI-generated voices and videos deceive and manipulate victims,” he explains. “While we can’t always confirm AI involvement in each case, we know the use of AI makes it much harder—especially for older adults—to distinguish between real and fraudulent interactions.”

For more information about common scams or to file a complaint, Rhode Islanders can visit: riag.ri.gov/scams

If you or someone you know has been a victim—or suspects they’ve been targeted—please call the Senate Aging Committee’s Fraud Hotline at 1-855-303-9470 (open weekdays from 9 a.m. to 5 p.m. Eastern Time). If you’d like a member of the committee’s team to return your inquiry, please include your phone number in the web form.

Go here to read the Senate Aging Committees 2025 Fraud Report,

The US Dept. of Justice released this information in recognition of Elder Abuse Awareness Day – The Justice Department Highlights Enforcement Efforts Protecting Older Americans from Transnational Fraud Schemes in Recognition of 2025 World Elder Abuse Awareness Day contains specific information on each type of fraud and what the US Government is doing to shut it down.

AARP offers  Tips on Protecting Yourself Against Fraud.

AARP also has a Fraud Watch Network.

Preparedness: Senate Aging Committee Preps for Impending 2025 Hurricane Season

Published in RINewsToday on May 26, 2025

Just days ago, forecasters at the National Oceanic and Atmospheric Administration (NOAA), part of the U.S. Department of Commerce, predicted above-normal hurricane activity in the Atlantic Basin for this year. NOAA’s outlook for the 2025 Atlantic hurricane season, which runs from June 1 to November 30, estimates a 60% chance of an above-normal season, a 30% chance of a near-normal season, and a 10% chance of a below-normal season.

“In my 30 years at the National Weather Service, we’ve never had more advanced models and warning systems in place to monitor the weather,” said Ken Graham, Director of NOAA’s National Weather Service, in a May 22 statement. He warned that above-average Atlantic Ocean temperatures are setting the stage for increased hurricane activity. “This outlook is a call to action: be prepared. Take proactive steps now to make a plan and gather supplies to ensure you’re ready before a storm threatens,” he urged.

Over a week before NOAA released its 2025 outlook, the U.S. Senate Special Committee on Aging held a full committee hearing on Wednesday, May 14, at 3:30 p.m. in room SD–106. Like Graham, the hearing underscored the urgent need for disaster preparedness—particularly for older Americans, who face unique challenges during emergencies. Scheduled ahead of the June 1 start of hurricane season, the hearing emphasized the importance of having a clear, actionable emergency plan in place before disaster strikes.

There is No Alternative to Being Prepared for Disasters

Expert witnesses, at the one  hour and 31 minute hearing, shared firsthand insights and best practices for protecting older adults and people with disabilities during emergencies, aiming to raise awareness and inspire action among seniors, caregivers, and policymakers nationwide.

“I’m no stranger to disasters,” admitted Sen. Rick Scott, Chairman of the Senate Special Committee on Aging, in his opening statement. During his eight years as Florida’s governor and six years as a U.S. Senator, he has personally witnessed the devastation hurricanes can cause. “If there’s one lesson I’ve learned, it’s that preparedness saves lives. There is no alternative to getting prepared and having a disaster plan,” he said, stressing that possessions can be replaced—but lives cannot.

“We know the risks and we know the statistics, and it’s our responsibility to plan accordingly,” urged Sen. Kirsten Gillibrand, Ranking Member of the Senate Special Committee on Aging, in her opening statement. While natural disasters are dangerous for everyone, they pose even greater risks to older adults and people with disabilities, noted the New York Senator.

According to Sen. Gillibrand, research shows that people with disabilities are up to four times more likely to die in a disaster than the general population, and older adults are more likely to die in a disaster than any other demographic group.

She called for the development of accessible shelters and transportation, alerts in multiple languages, and the requirement that long-term care facilities have disaster plans in place before—not after—a crisis occurs. Gillibrand also announced her intention to reintroduce legislation that would establish a nationwide grant program under the Older Americans Act. This program would incentivize and support states in creating strategic plans for aging populations, with disaster preparedness included as a core component.

“In addition to planning, we must also ensure that state and local governments are properly resourced to build accessibility into their disaster and recovery responses,” she said. Gillibrand also emphasized the need to safeguard federal resources provided through agencies like the Federal Emergency Management Agency (FEMA) and the U.S. Administration for Community Living (ACL).

Sheriff Chris Nocco of Pasco County, Florida—a county with 24 miles of coastline, located just north of Tampa Bay and home to roughly 750,000 residents, 22% of whom are age 65 and over—shared his insights and expertise on preparing for and recovering from natural disasters. He noted that federal and state partnerships, such as the National Guard and Coast Guard, are invaluable during rescue operations. He also urged law enforcement agencies to utilize evolving technologies such as drones for disaster preparedness and recovery.

“I witnessed individuals who had climbed onto roofs to avoid the rapidly rising storm surge. In one instance, a woman, her small child, and elderly relatives had climbed to the roof of their three-story multifamily housing unit and were awaiting rescue,” said Nocco. He stressed that this highlights the critical importance of following emergency management directives—especially evacuation orders—particularly for the most vulnerable in our communities.

With several days’ notice of an impending disaster, Nocco recommends that older adults request extra prescription medications from their pharmacies and remember to bring phone chargers, emergency contacts, credit cards or cash, and extra clothing when evacuating.

“When people are told to evacuate, they trust law enforcement and fire rescue personnel,” said Nocco. “But they also trust their churches to say, ‘Shelter here.” He suggested that churches can serve as effective emergency shelters and proposed that federal resources be used to equip them with generators and hurricane-resistant windows.

Costly Disasters Becoming “New Normal”

“Nearly 20 percent of Americans are in the 65-and-older age group, and the current growth of this population is unprecedented in U.S. history,” said Jennifer Pipa, Vice President of Disaster Programs for the American Red Cross, noting that this demographic shift comes at a time when more frequent and costly disasters are becoming the “new normal.”  Her Red Cross career began in 2004 when she joined the Disaster Action team in Raleigh, North Carolina as a volunteer

According to Pipa, The New York Times reported that following Hurricane Sandy in 2012, nearly half of those who died were age 65 or older. “Sadly, many drowned at home or died from storm-related injuries,” she said.

Pipa also cited other disasters that claimed the lives of older adults. “The 2018 Camp Fire, which burned for 18 days in Paradise, California, resulted in 85 deaths. Many victims were elderly or had disabilities—the average age was 72. In 2023, more than two-thirds of the 102 confirmed victims of the Maui fires were over the age of 60. And last year, Hurricane Helene caused at least 250 deaths in the United States, with many victims being elderly. In North Carolina alone, two out of every three deaths from Hurricane Helene were among adults aged 60 or older,” she added.

“The intersection of these trends—an aging population and significantly more disasters—should concern all of us,” Pipa told the Senators.

She emphasized that the impact of disasters on older Americans doesn’t end when the storm passes. “People over 65 make up nearly 10 percent of American Red Cross emergency shelter populations after evacuations are lifted,” she said.

“Our responders often encounter elderly disaster survivors living in severely damaged homes or in dwellings without power or water. These individuals frequently express fear of losing their homes and property if they leave. In some cases, we meet older adults who are physically or emotionally unable to get to a shelter or find safer housing,” Pipa added.

She highlighted several Red Cross programs tailored to help communities prepare for disasters:

·       Be Red Cross Ready: A free national preparedness education program for adults, taught by certified instructors.

·       Home Fire Campaign – Home Visits: Fire safety guidance tailored for older adults—such as keeping mobility aids, hearing devices, and medications near the bed, or relocating bedrooms to the ground floor. Includes installation of accessible smoke alarms.

·       Caregivers Preparedness Checklist: Developed with AARP to help caregivers ensure both they and their loved ones are prepared.

·       Building Your Support Network: Encourages older adults to develop a network of trusted individuals who can assist during emergencies.

·       Emergency App: Offers customized preparedness tips, particularly for households with older adults, focusing on hurricane and wildfire planning.

Disaster Planning with the Community  

Finally, Luis Vance Taylor, Chief of the Office of Access and Functional Needs at the California Governor’s Office of Emergency Services—who is disabled and uses a wheelchair—stressed the importance of inclusive emergency planning. “Forward-leaning emergency management agencies are ending the practice of planning for the community and are choosing to plan with the community,” he said. Taylor advocated for the creation of Access and Functional Needs (AFN) Advisory Committees at the state and local levels to ensure better outcomes.

“Inclusive planning leads to press conferences with American Sign Language interpreters, critical updates posted in accessible formats, and evacuation resources and shelters that are both physically and programmatically accessible,” he explained.

Taylor also warned that cutting or eliminating agencies like FEMA, ACL, or the Administration for Strategic Preparedness and Response would have devastating consequences—especially for older adults and people with disabilities. “These agencies need adequate funding to deliver the full range of federal resources required to respond to and recover from large-scale disasters that overwhelm local communities,” he said.

Training programs before disasters occur and crucial when there is no time to think of everything to take with you.  “People forget their chargers. You know what charger? They forget their wheelchair charger,” notes Taylor. “So we have to engage them beforehand. And that comes through training,” he says. 

To watch Senate Aging Committee Disaster Preparedness hearing, go to https://www.aging.senate.gov/hearings/preparing-for-disasters-unique-challenges-facing-older-americans.