Senators Lindsey Graham (R-SC), Kirsten Gillibrand (D-NY), and Dick Durbin (D-IL) introduced the Protecting Older Americans Act (S. 1979) which would, at the option of the claimant, invalidate predispute arbitration agreements and class action waivers related to workplace age discrimination disputes. The bill would also apply to disparate impact cases.
The House companion bill, H.R. 4120, is sponsored by Representative Nancy Mace (R-SC). In a press statement, Rep. Mace said, “The Protecting Older Americans Act is a crucial step towards ensuring older Americans are not denied their right to seek justice and hold perpetrators of age discrimination accountable. Invalidating forced arbitration clauses is essential in allowing victims to have their day in court and fostering transparency in addressing age-related injustices. We must stand together to protect the rights and dignity of our older citizens.”
Outlook: The legislation builds off the lawmakers’ successful effort last Congress to invalidate predispute arbitration agreements in cases of sexual harassment and sexual assault. The legislation is endorsed by AARP, Lift Our Voices, American Association for Justice, National Employment Law Project, Lifespan of Greater Rochester, Hamilton-Madison House, VNS Health, Brookdale Center for Healthy Aging – Hunter College, Encore Community Services, and Association on Aging in New York. Given that the bill has bipartisan support and advocates are calling for action, it is plausible that it will get some traction – and even pass – this Congress.
