Tag Archives for U.S. Senate Special Committee on Aging

US Senate Special Committee on Aging holds its First Hearing on Menopause

Published in RINewsToday on September 21, 2026

For generations, menopause was a health issue that many women were expected to deal with on their own, quietly. Last week, the U.S. Senate Special Committee on Aging took the issue into the public discussion, holding the first congressional hearing devoted exclusively to menopause.

The Sept. 16 hearing brought congressional attention to an issue affecting millions of American women navigating perimenopause, menopause and post-menopause. Approximately 2 million more women enter menopause each year.

Menopause affects women differently, but the symptoms can upend daily life. Women may experience hot flashes, vaginal dryness, insomnia, migraine headaches, brain fog, heart palpitations, mood changes, and changes in metabolism. For some, these symptoms become debilitating, disrupting daily and work routines and quality of life.

Senate Aging Committee Chairman Rick Scott (R-FL) and Ranking Member Kirsten Gillibrand (D-NY) convened the hearing, titled “Half the Country, Zero Hearings: Meeting the Moment to End the Menopause Care Gap in America,” to examine what lawmakers call the nation’s “menopause care gap.”

Medical experts, researchers, and women’s health advocates testified about the lack of research, physician training, and access to treatment.

The Senate Aging Committee hearing was a critical step in elevating this issue to determine what’s needed to improve medical research, training, and care for women experiencing menopause,” said Gillibrand in her opening statement.

“Menopause affects half of the population. For generations, women have been told to suffer in silence. I’m done with this silence,” she said.

Even though women in midlife make up a significant portion of the U.S. population, Gillibrand called menopause “one of the most under-researched, undertreated, and under-discussed” health issues in the nation. She pointed to estimates that less than 1% of federal women’s health research funding goes to menopause.

Gillibrand also noted that about 80% of OB-GYN residents report feeling ill-prepared to discuss menopause or its symptoms. The result, she said, is that many women seeking medical care are left without adequate treatment.

Menopause care also carries an economic cost. Gillibrand cited a Mayo Clinic study estimating that menopause costs the U.S. economy $26.6 billion annually, including $1.8 billion in lost work time.

“There’s simply no excuse for the lack of resources and information to help every woman navigate menopause and the challenges that come with it,” said Scott in his opening statement.

Scott cautioned that there is no “one-size-fits-all solution.” Instead, he called for women to have access to reliable information, qualified health care providers, and treatment options that allow them to make informed decisions about their health.

Scott also pointed to hormone replacement therapy as a safe treatment option for many women, while noting that lack of education and access can make it difficult for women to obtain appropriate treatment.

“We also need providers who have the most up-to-date training and who can clearly discuss treatment options with their patients,” said Scott, pointing to the shortage of health care providers as another barrier to care.

Scott and Gillibrand also announced that they sent a bipartisan letter requesting the Government Accountability Office to examine how the federal government both coordinates and funds menopause research and care. The senators say the report could help identify remaining gaps in research, education and treatment.

More Research Needed

Federal funding for research advancing menopause care is inadequate, Dr. Jean Wactawski-Wende, a SUNY Distinguished Professor who has conducted women’s health research for more than four decades, charged.

“In 1985, the National Institutes of Health put forward a study…the report said we’re not doing enough research on women…I’d argue we are now 35 years later, and we have not come all that far,” she told the committee.

“Clinical trials are the gold standard of evidence, and we do not have enough of those trials in women, especially in postmenopausal women,” added Wactawski-Wende.

She identified four areas needing greater attention: increased federal research on women’s health throughout the lifespan; chronic disease in aging women; better education and clinical care after menopause; and greater attention to healthy behaviors throughout life.

Dr. Lynne M. Coslett-Charlton, a board-certified gynecologist who has practiced in Northeastern Pennsylvania for 27 years, pointed to the U.S. Food and Drug Administration’s recent changes to warning labels for menopausal hormone therapy as a major shift in women’s treatment.

Coslett-Charlton also voiced concern that women might get menopause advice from social media influencers instead of from qualified clinicians. This could, in turn, lead them to buy unregulated supplements and products.

She noted that the American College of Obstetricians and Gynecologists has increased its educational efforts to steer patients toward safe, evidence-based, and medically appropriate care. Coslett-Charlton and ACOG also support passage of the Advancing Menopause Care and Midlife Women’s Health Act.

Training Doctors to Treat Menopause

Jennifer Weiss-Wolf, executive director of NYU Law’s Birnbaum Women’s Leadership Center, urged Congress to make telehealth part of the solution. She told lawmakers that virtual care could help connect women, particularly those in areas without specialists, to providers knowledgeable about menopause.

But telehealth has its own barriers, she cautioned, including poor internet connectivity and inadequate insurance coverage. Weiss-Wolf also warned that physician education about menopause must improve.

“For those who started residency after 2002 — statistically that amounts to more than half of all practicing OB-GYNs in the U.S. today — the majority have not had meaningful or even any menopause training,” she said.

Weiss-Wolf called for modern clinical trials that include millennial and Gen X women, with racial, ethnic and geographic diversity. She also urged researchers to use technology better to collect data and track symptoms.

She called on lawmakers to pass three federal bills to increase research and attention to women’s health: the Advancing Menopause Care and Midlife Women’s Health Act; the Service Women and Veterans Menopause Research Act; and the Hormone Health Data and Research Act.

“I Want to Feel Like Myself Again”

“When I ask patients what they hope to get from their care, I often hear, ‘I want to feel like myself again,’” said Dr. Suzanne Silverman Fenske, an obstetrician-gynecologist and integrative medicine practitioner who has practiced in New York City for nearly two decades.

“They want their energy back, relief from anxiety, and a sense of control over a body that suddenly feels unfamiliar,” she said, adding that she

Fenske told the Senate panel that before menopause, a woman’s risk of chronic disease is generally lower than a man’s. After menopause, that risk increases. She pointed to heart disease, hip fractures and urinary sepsis among the serious health problems facing older women.

Fenske also raised an issue that receives far less attention — how physicians are reimbursed for treating menopausal women.

“There is not much incentive for physicians to take care of menopausal women,” she told lawmakers.

Fenske said low insurance reimbursement makes it difficult for independent physicians to spend the necessary time with menopause patients. Large hospital networks may be better able to absorb those costs, she said, while smaller independent practices cannot.

Like the other witnesses, Fenske highlighted the lack of minimum standards for menopause education in medical residency programs.

Fenske offered lawmakers a striking comparison: OB-GYN residents are required to complete at least 200 vaginal deliveries, but there is no comparable minimum requirement for menopause education.  She called on Congress to push Medicare and the Departments of War and Veterans Affairs to make menopause education part of accreditation standards.

Black Box Warning Changes and Challenges

Menopause treatment has received renewed federal attention under Health and Human Services Secretary Robert F. Kennedy Jr., who announced in November 2025 that the FDA would begin removing its strongest “black box” warnings about cardiovascular disease, breast cancer and probable dementia from hormone replacement therapies, including estrogen. The first six revised labels were approved in February 2026, reflecting the administration’s position that overly broad warnings had discouraged women from seeking effective symptom relief. The change does not mean hormone therapy is risk-free: treatment remains an individual decision, with the FDA emphasizing initiation of systemic therapy before age 60 or within 10 years of menopause. The boxed warning about endometrial cancer remains for systemic estrogen-only products. On September 3, the FDA said it was working with manufacturers to increase estrogen patch supplies after rising demand made them harder to find.

Rhode Island No. 1 in U.S. Menopause Workplace Protections

On June 24, 2025, Gov. Dan McKee signed into law legislation (S 0361), introduced by Sen. Lori Urso (D-Dist. 8, Pawtucket), to support women experiencing menopause under the state’s fair employment statute—making Rhode Island the first state to enact such workplace protections explicitly. Rep. Karen Alzate (D-Dist. 60, Pawtucket, Central Falls) introduced a companion bill (H 6161), which passed by concurrence.

Rhode Island law already prohibits workplace discrimination based on pregnancy, childbirth, and related conditions. This includes requiring employers to provide reasonable accommodations and protecting individuals from being denied employment opportunities or promotions—or terminated—because of these conditions. The new law adds menopause to this list of protected health conditions.

“Menopause is a difficult and personal subject that has been stigmatized in this country,” said Sen. Urso in a statement announcing the bill’s passage. “But as something that affects half our population, it’s time we recognize it as a workforce issue—especially as our workforce ages along with our population. The current lack of protections contributes to inadequate retirement savings and lost leadership opportunities for women and poses an economic challenge for employers facing workforce shortages and the loss of experienced employees,” she says.

“Menopause is not something women choose to experience, and its effects on the mind and body can significantly impact daily life and job performance,” said Rep. Alzate. “Women should not have to risk being penalized or discriminated against at work due to a naturally occurring biological transition,” she says.

Rhode Island’s new law is paving the way for workplaces that actually support women experiencing menopause—and it sets a great example for the rest of the country to follow.

A Final Note…

For the millions of women now going through menopause — and the millions more who will follow them — the Sept. 16 hearing put an issue long discussed quietly in doctors’ offices and among women themselves squarely before Congress.

Whether the hearing ultimately results in more federal research, better physician training, and improved access to care will depend on what lawmakers do next. But after generations of silence, menopause finally received its first congressional hearing.

To read Scott and Gillibrand’s correspondence to GAO on the federal government’s role in Menopause research and education, go to Gillibrand Scott GAO Letter on Menopause

To watch the Sept. 16 Senate Aging Committee hearing, go to Half the Country, Zero Hearings: Meeting… | Senate Committee On Aging.

To read about RI’s new Menopause law, go to Rhode Island First in Nation to Add Workplace Protections for Women Experiencing Menopause – Herb Weiss

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US Senate Aging Panel Tackles AI Scams 

Published in RINewsToday on August 3, 2026

Artificial Intelligence (AI) is no longer just changing how we work and communicate. It is rapidly transforming how criminals steal money from older Americans. Last week, the U.S. Senate Special Committee on Aging examined how AI-generated scams—from cloned audio to realistic deepfake videos—are creating an alarming new wave of fraud powered by artificial intelligence.

The afternoon hearing in room SD-562 dealt with AI-driven scams and financial exploitation. Since AI was introduced, the world of scams has changed significantly because criminals can now produce highly convincing deepfake videos and imitate voices with very little effort or technical knowledge, making them even harder to detect.

Taking a Closer Look at Computer-Generated Scams

The 83-minute hearing, held on Wednesday, July 29, featured testimony from victims who experienced devastating voice-cloning and deepfake fraud, medical professionals whose identities were weaponized, and experts from banking, cybersecurity, and consumer protection sectors who offered suggestions on combating it.

Scams have advanced far beyond annoying phone calls and deceiving emails,” says Chairman Rick Scott (R-FL) in his opening remarks.  “AI can also be used to clone someone’s voice, a terrifying development that has been used in heartbreaking and evil ways to impersonate a loved one and deceive their family,” he says.

The Florida senator cautions that scams, fraud, and financial exploitation are now the main problem confronting seniors across the country. “With the development of AI, scammers have obtained new tools for carrying out their criminal activities, and we need to adjust our response to these emerging threats,” he stated.

Like Scott, Ranking Member Kristen Gillibrand (D-NY) expressed concern about the use of AI in scamming older adults.  “By making it easier for bad actors to clone voices, fabricate images, and deceive targets, AI has facilitated an alarming rise in financial scams that rob our seniors of their hard-earned savings and personal information,” she said.

To combat the growing threat of technology-assisted fraud and scams, Senators Smith and Gillibrand called for strengthening the federal government’s ability to crack down on scammers and for Congress to pass legislation to promote the responsible development of AI.

 Personal Stories, Calls on Congress to Tackle Issue

Dr. David Amron, the founder and medical director of the Roxbury Institute in Los Angeles, California, and founder and chair of the Lipedema, told lawmakers how he discovered that scammers in the summer of 2025 had taken real footage from his YouTube channel and combined it with digitally fabricated likenesses and the voice of a colleague as well as AI generated celebrity images and stolen media logos, to create a polished advertisement that appeared to be entirely legitimate.

Dr. Amron, who has treated patients with lipedema for more than three decades, testified that his office began receiving calls from people who watched a convincing video showing him endorsing a so-called “miracle” lipedema cream. Several had already purchased the product before realizing it was fraudulent.

Even after an 11-day battle with Meta, a Today Show investigation ultimately led to the removal of the fraudulent video. Dr. Amron’s frustration was that it kept resurfacing, underscoring how persistent and difficult it is to remove AI-enabled fraud schemes.

“The consequences extend far beyond financial loss,” remarked Dr. Amron, noting that patients may delay getting needed medical care to treat a progressive disease (like lipedema), placing their trust in unproven products and fraudulent services.

During the hearing, Dr. Amron urged lawmakers to strengthen protections against computer-generated impersonations, improve accountability for those who create and distribute them, and ensure laws keep pace with AI technology.  He argued that pressure must be placed on platforms that host fraudulent content, stating they “have to have consequences.”

While Dr. Amron described how criminals easily use technology-assisted fraud to exploit public trust in medical professionals, the next witness described how voice cloning took a devastating emotional toll on her family.

Deborah Del Mastro, a Martinez, California resident, recounted a phone call she received last May during breakfast.  This cloned call of her daughter crying and apologizing, from an unrecognized phone number, began a five-and-a-half-hour ordeal.

“I am usually very, very calm and collected in the face of crisis,” Mastro  told the Senators, noting that she is always the person who “runs to the fire, now away from it.” She was totally convinced that she heard her daughter’s voice.

The veteran, living on a Social Security check and performance income made from acting and singing, with Mastro and her husband pulling a total of $ 5,400 cash from four separate transactions from MoneyGram and Western Union to send to Mexico.

Local police told Mastro that the “ransom” funds are unrecoverable.  A detective told her that he “sees these by the hundreds.”

Education is key to protecting people from AI scams, asserts Mastro, telling the Senate panel that there is an absence of publicly available resources on how to protect yourself from AI-driven scams as opposed to the abundance of resources on how to use the emerging technology.

Financial institutions are also witnessing the rapid evolution of AI-driven scams.  Paul Benda, the Executive Vice President for Risk, Fraud, and Cybersecurity of the American Bankers Association (ABA), describes how criminals are using AI to expand the scale and sophistication of traditional scams.

Benda, who chairs the ABA Fraud Coordination Group, reframes the new, evolving  AI-driven scams not as a story of misused technology but as an industrial one.

 “Generative AI is not replacing traditional scams. It is industrializing,” Benda asserts.

 Benda explained that criminals are now using chatbots to initiate conversations before seamlessly handing victims off to human scammers once they become engaged. A survey of 14 large banks found that bank impersonation scams rose 150% from 2024 to 2025, Banta said, illustrating this growing threat.

Benda encouraged Congress to establish a national office for scams and fraud prevention, describing it as necessary to provide clear and national leadership to attack this problem.  He also called for stronger telecom safeguards to keep criminals off calling networks and to restore trust in caller ID. He argued that if a name and number appear on caller ID, the telecom provider should be held accountable if it is accurate.

At this point, the hearing turned from personal and industry experiences to the broader cybersecurity challenges posed by this rapidly advancing technology.

Cybersecurity expert Matthew F. Ferraro, a Partner at Crowell & Moring LLP and a former official at the Department of Human Services, personally testified at this hearing, noting that his views do not represent his firm or clients.

Ferraro argued that “deepfakes can supercharge scams and cyber frauds, especially targeting senior citizens.”  According to an industry report, financial losses from deepfake-enabled fraud exceeded $200 million in the first quarter of 2025.

Citing another study, Ferraro further illustrated the cost of AI-generated fraud. Consulting firm Deloitte expects that generative AI could enable fraud losses to reach $40 billion in the United States by 2027, he said.

In his testimony, Ferraro pointed out a successful national educational model to combat AI scams.  Finland has integrated media literacy and AI-media spotting training into educational programs for both young and old.

Ferraro urged lawmakers to promote AI detection tools and provenance technology that tags media as human-created or AI-generated, comparing the potential to email spam filters operating in the background.

Ferraro concluded that stronger coordination among federal and state governments, law enforcement, and the private sector is essential for policymakers to successfully attack this problem and stay ahead of increasingly sophisticated fraud operations.

Holding Big Tech Accountable

While several witnesses focused on prevention and consumer education, another argued that Congress must also hold technology companies more accountable.

“I want to be clear that the devastating deception we’re seeing is not a result of technological ineptitude for older users…but rather a crisis emboldened by the biggest tech companies we know paired with a failure to rein them in,” charges Ben Winters, Director of AI and Privacy at the Consumer Federation of America.

 “This is not an issue of personal responsibility, but something Congress is uniquely positioned to address,” says Winters.

Winters urged Congress to reject any legislative proposals that would prohibit states from regulating technology or limit tech company liability – characterizing such proposals as being “pushed by tech companies right now.”

Winters also recommended passing comprehensive data privacy laws with data minimization requirements and bans on the sale of sensitive data – specifically citing the practice of selling lists of people battling Alzheimer’s for targeting purposes as something that must be prohibited.

Winters supported the other witnesses’ call for sustained oversight of enforcement agencies to ensure that the federal government remains totally focused on upstream prevention of scams – “choking out the scam upstream, not just chasing individual scammers after the fact.”

The hearing also underscored that no family, not even a U.S. Senator’s family, is immune from these increasingly convincing scams.

Senate Aging Committee Member, Sen. Tommy Tuberville (R-AL) disclosed that his mother-in-law was scammed by a voice clone impersonating his granddaughter, sending $10,000 to someone claiming to be stranded in Europe.

Report Sheds Light on AI-Driven Scams, Impact

At this hearing, Chairman Scott (R-FL) and Ranking Member Gillibrand released a joint report: Artificial Intelligence & Older Americans: Confronting New Threats, Unlocking New Opportunities. The document details both the potential benefits of AI and the unique financial risks it poses to older Americans.

The 25-page report cited research, shedding light on the negatives of this emerging technology. Americans reported nearly $21 billion in cybercrime losses in 2026, with $893 million tied to AI-enabled scams across more than 22,000 complaints. More than 82 percent of phishing emails are now created with the help of AI.

Recognizing warning signs early can potentially prevent huge financial losses from AI-enabled fraud. Any unsolicited contact by phone, text, email, or social media should be treated with immediate skepticism, regardless of how professional it looks or how urgent its message appears, the report warns.

Slow down and pause before acting, the report recommends. Review your financial accounts regularly for unauthorized transactions and set up transaction alerts through your financial institution.  For protection, the report notes that the Federal Trade Commission recommends placing a free credit freeze on all three major credit card bureaus.

Any payment requests can be a red flag for a scam. Any request for payment by gift card, wire transfer, cryptocurrency, or cash is a clear indicator of fraud, the report notes.

AI-simulated threats using deepfakes and voice cloning can replicate a loved one’s voice or image to perpetrate financial fraud.  The report suggests that a family code word or verbal safe phrase be used to verify the identity when a family member appears to be calling in.  AI voice cloning or deepfakes.

Finally, the Senate Aging Committee report stresses the importance of reporting fraud, recommending that victims contact the AARP Fraud Watch Network Helpline at 877-908-336.

On a positive note, older persons using AI company devices experienced a 95 percent drop in feelings of loneliness, along with substantial gains in overall well-being. This technology can also potentially reduce preventable adverse drug reactions, lower hospitalization costs, and improve the quality of life of millions of older persons managing multiple chronic conditions.

Increased efficiency through the use of AI scribes saves physicians time on administrative paperwork, increasing productivity and allowing them to spend more quality time with their older patients.

Meanwhile, AI use in clinical decision-making can improve sepsis detection, improve cancer diagnosis, and help the physician understand multiple drug interactions, all of which have a significant impact on providing care to older adults.

Finally, the report notes that AI use to reduce falls, to track vital signs, medication adherence, sleep patterns, and activity levels can help older adults age in place.

As lawmakers continue debating how best to regulate AI, one message clearly emerged repeatedly during the hearing: technology will continue evolving, but awareness remains the strongest defense. For older Americans, taking a moment to verify an unexpected phone call, text, or email may well be the simplest—and most effective—way to avoid becoming the next victim.

To watch the Senate Aging Committee AI hearing, go to https://www.aging.senate.gov/hearings/the-ai-deception-machine-deepfakes-chatbots-and-the-new-frontier-of-senior-fraud

To read the Joint Senate Aging Committee AI report, go to FINAL VERSION AI Report.

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