Tag Archives for workforce

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

More retirees choose to un-retire, and re-enter the workforce – Herb Weiss

Published in RINewsToday on August 29, 2022

Retirees are rethinking their decision to leave their jobs to travel, to pursue leisure activities and hobbies, and to spend time with their family and friends. After the surge of retirements in the early months of the pandemic in late spring 2022, retirees are now returning to work in droves, as they see the value of their stocks and bonds decline and a soaring inflation rate impacting their purchasing power. 

A recent AARP web article, “5 Unexpected Reasons Retirees are Returning to Work,” cited data from the Indeed employment website, found that “of those who retired a year earlier, 1.7 million, or 3.3 percent, are employed again. The majority of these so-called un-retirees are working part time.​”

Researchers are now following, and taking a closer look, at this employment trend.  

According to website-based Resume Builder, a recently released survey revealed that one in five retirees say they are likely to return to work this year. Sixty nine percent of these respondents say they are un-retiring in order to combat rising costs of living. While nearly 60 percent were still concerned about going back to work during the ongoing pandemic, they say they may go back to work. 

This survey was conducted online by the survey platform Pollfish, on March 29, 2022. In total, 800 participants in the U.S. were surveyed. All participants had to pass through demographic filters to ensure they were currently over the age of 54 and retired.

Continuing to Work in the Era of the COVID-19 Pandemic

Resume Builder’s survey findings found that 12 percent of the respondents stated that they were somewhat likely to un-retire this year, while an additional 8 percent say they are very likely. When asked where exactly they plan to go back to work, 19 percent said they will go back to work for their previous employer, 23 percent will stay in the same industry but work for a new employer, while the largest group, at 58 percent, will go to a different industry.

“There is no longer a retirement age and people want to be engaged longer,” stated career consultant Stacie Haller in a statement released on May 2, 2022, announcing the survey’s results.  “Others are returning to the workplace for financial reasons, and in this new work world, there are now more options for them to return with the advent of remote work [and] more part-time work for older workers who cannot commit to a full work week,” she says.

The researchers say that many un-retirees want to take advantage of the flexibility of remote work, given the shifts in being based in a commercial building to remote work over the last 2 years. Thirty one percent of the respondents say they would prefer a remote position but will work in person if need be.

“Remote work is a priority of older workers returning to the workforce and a very welcome way to continue working past the age where they may have previously felt their only option was retirement,” said Haller. “Many no longer want the heavy travel schedule they may have had to endure, especially now that work/life balance is such a big part of workplace conversations.”

“So many candidates have shared with me that they want more of a life, but still want to work and contribute,” she added. “Remote work is important for those with aging physical challenges who can now continue to work and be productive from home. Remote work is also more financially viable for older workers as the cost of commuting has climbed and remote work becomes a huge way to save on costs,” she said.

The survey found that over 69 percent of the respondents cited rising costs and supply chain issues as a motivation for making a decision to reenter the workforce. The most common answer given by the retiree respondent as to why, as a retiree, they were considering un-retiring, eighty-three percent of the respondents expressed concern about their financial situation. Specifically, 44 percent of this group say they are somewhat concerned about the state of their finances, while 39 percent are highly concerned.

Additionally, the survey findings revealed that 39 percent say their daily expenses have increased somewhat over the past three months, while another 39 percent say their expenses have increased greatly. Nineteen percent expressed concern their retirement savings won’t cover their costs of living.

The researchers also found that six-in-ten of the survey’s respondents say they are still concerned about the pandemic. But the majority say they are likely to unretire this year and are open to in-person work. Specifically, 35 percent stated they are still somewhat concerned about the pandemic, while 24 percent noted they were highly concerned. 

Employers Encourages to Return to Workforce 

In addition to these safety concerns of returning to the office during this ongoing pandemic, 44 percent stated they are somewhat worried about age bias affecting their job prospects, while 28 percent were highly worried. But Haller says that older workers need not worry, stressing that today’s labor shortage is an excellent time for retirees to seek employment.  

“The current war for talent has encouraged older workers to return as they are more welcomed than in the past and can find work to fit their needs and alleviate some or all of their financial struggles,” says Haller. 

“Recruiters are reaching out to this cohort more than before on the hunt for talent. Those who have talents and skills in areas where they have not previously worked can have the opportunity to use those skills now as employers can see their years of work experience to speak to their candidacy,” adds Haller. 

With the backdrop of the ongoing pandemic, the unretirement trend has become the new normal as retirees continue to enter the nation’s workforce in greater numbers. The returning retirees bring their technical skills, knowledge and work experience into a job market hit by a shortage of qualified. workers. Hiring the returning retirees allows a company to access their life-long skill set and experiences with younger workers also benefiting from being able to learn from these individuals. A stronger worker culture is created by bringing back older workers building ties between young and old employees. Retirees returning to work also benefit from a job market where employees receive increased wages and enhanced benefits. They also can continue to keep their minds more active at work reducing the incidents of being afflicted by Alzheimer’s and dementias. 

As 2023 approaches, our image of retirement must change. With the growing number of unretired returning to their jobs, images of retirement won’t be of senior sitting on rocking chair on the porch, gardening, traveling, or fixing up the house.  It will be tied to being employed.