S. 1979: The Protecting Older Americans Act of 2023
Unlike the long-standing Older Americans Act (OAA) of 1965, which is a major federal program supporting nutrition and social services, the Protecting Older Americans Act is specific legislation aimed at employment law. The proposed bill, S. 1979, was advanced by the Senate Judiciary Committee in May 2024, and focuses on ending forced, secret arbitration in age discrimination cases. This legislation aims to address a critical issue affecting older workers by prohibiting mandatory predispute arbitration agreements and joint-action waivers. If passed, it would ensure that employees over 40 have the option to take age-related employment disputes to court, preventing them from being forced into arbitration as a condition of their employment.
Key provisions of the proposed Protecting Older Americans Act
- Invalidates forced arbitration: Prohibits predispute arbitration clauses and joint-action waivers in employment contracts concerning age discrimination claims.
- Protects older workers: Empowers employees aged 40 and older by giving them control over how to resolve age discrimination disputes, restoring their right to litigation.
- Targets discrimination in employment: The law would apply to a wide range of employment aspects, including hiring, firing, promotion, compensation, and job assignments, where age is a factor.
- Enhances transparency and justice: Moves age discrimination cases from confidential arbitration proceedings into the public legal system, increasing transparency and accountability for employers.
Comparison: Protecting Older Americans Act vs. Older Americans Act (OAA)
It is important to understand the difference between the proposed Protecting Older Americans Act (S. 1979) and the Older Americans Act (OAA) of 1965. While both seek to support older individuals, they do so in fundamentally different ways.
| Feature | Proposed Protecting Older Americans Act (S. 1979) | Older Americans Act (OAA) of 1965 |
|---|---|---|
| Purpose | Prohibits forced arbitration clauses in age discrimination employment disputes. | Funds a vast network of social and nutrition services for older adults. |
| Focus | Specifically targets legal protections and workers' rights concerning age discrimination. | Comprehensive framework for a wide range of community-based senior programs. |
| Services | Allows age discrimination disputes to be settled in court, rather than forced arbitration. | Provides home-delivered meals, transportation, caregiver support, senior centers, and more. |
| Funding | N/A (procedural law). | Grants to states and tribal organizations, administered by the Administration for Community Living (ACL). |
How the Protecting Older Americans Act addresses a specific problem
The proposed bill addresses a key issue in modern employment law. Predispute arbitration agreements have become common in employment contracts, forcing workers to forfeit their right to sue in court. This practice can disproportionately affect older workers, who might face age-based discrimination but have limited legal recourse under these agreements. The act would restore the right of older workers to have their day in court, similar to recent changes affecting sexual harassment and sexual assault cases.
Forcing employees into confidential arbitration removes public scrutiny and can limit the discovery process, making it harder for workers to challenge discriminatory practices effectively. By eliminating these mandatory agreements for age discrimination, the Protecting Older Americans Act aims to provide a more level playing field for older employees and encourage greater corporate accountability. This change aligns with the broader societal goal of promoting fair treatment and protecting the dignity of older adults in all aspects of life, including the workforce.
Conclusion: The road ahead for the proposed act
While the Older Americans Act of 1965 is a cornerstone of federal policy for seniors, the proposed Protecting Older Americans Act of 2023 addresses a distinct and pressing need in the employment sector. Its passage would represent a significant victory for older workers by providing a powerful tool to combat age discrimination. As the legislative process continues, advocacy groups and lawmakers continue to emphasize the importance of this protection. For the latest status of S. 1979, individuals can monitor the Congressional Budget Office's website, which tracks legislative actions and reports. The bill aims to ensure that no older American is unfairly denied access to justice in the workplace because of their age.
