AARP Exec. VP Nancy LeaMond Cites Sen. Harkin, Rep. Miller Companion Bills as “Important First Step” in Remedy to “Misguided” Court Decision
Washington, DC – AARP has joined key congressional leaders to endorse Senate and House legislation introduced Oct. 6 to defend the civil rights of older workers in the workplace. The legislation offers a remedy for the Supreme Court’s age discrimination decision last June in the case of Jack Gross v. FBL Financial Services, Inc.
AARP endorsed the “Protecting Older Workers Against Discrimination Act” at a Capitol Hill press conference today with chief sponsor of the legislation Chairman Tom Harkin of the Senate Health, Education, Labor and Pensions (HELP) Committee; lead co-sponsor Chairman Patrick Leahy of the Senate Judiciary Committee; and Chairman George Miller of the House Education and Labor Committee. The bill is in response to the 5-4 Supreme Court ruling in Gross that older workers bringing employment discrimination claims must meet a higher standard to prove their claims of illegal bias than others who have been subject to unfair discrimination at work, such as discrimination based on race or sex. The Age Discrimination in Employment Act (ADEA) bars discrimination against workers 40 years of age or older.
“AARP commends Chairmen Harkin, Leahy and Miller for their critical work to put an end to age discrimination in the workplace,” AARP Executive Vice President Nancy LeaMond said today. “Their bill will protect older workers from being relegated to second class status when they try to vindicate their rights under the ADEA. Unless Congress passes this bill, too many older workers who have been victims of arbitrary age discrimination will be denied their day in court.”
The legislation addresses a June court decision that changed proof standards in place for decades, and has left many victims of age bias without a remedy. For instance, workers with valid claims of bias on grounds of age and race, or age and sex, have had to give up their claims of age bias in order to pursue other claims.
The Gross decision came in the midst of difficult economic conditions for older workers facing special obstacles. The unemployment rate for persons aged 55 and over is now well above what is has been for most of the past six decades. According to the most recent statistics, the average duration of unemployment for older workers was more than 12 weeks longer than it was when the recession started in 2007.
At the same time, the U.S. Equal Employment Opportunity Commission has reported a significant uptick in the number of age discrimination complaints. For the 2008 fiscal year, 29 percent more age discrimination charges were filed than in the previous fiscal year.
An AARP survey announced last year found that 60 percent of those surveyed aged 45 to 74 said that they had personally faced or observed age discrimination in the workplace.
“We urge Congress to quickly approve this bill as an important first step in a concerted effort to restore protections under our age discrimination laws, and to correct a misguided court decision that has jeopardized the rights of all older workers to be judged fairly on their abilities, not their age,” LeaMond said.
For more information, please visit www.aarp.org.
Anticipated No Increase To Hit Nation’s Most Vulnerable The Hardest
Washington , DC – On the heels of AARP Public Policy Institute’s Solutions Forum addressing the lack of a Social Security COLA for 2010, AARP released the following statistics today which highlight the impact of the economic recession on Social Security recipients. Data shows that medical prices have risen during 2009, and Medicare beneficiaries with higher than average health care costs are hardest hit by not having a COLA next year.
Higher Medicare deductibles and premiums for Part D prescription drug coverage will be announced soon, adding to the health care cost burden. Moreover, because Medicare Part B and Part D prescription drug premiums are often deducted from Social Security checks, millions of Social Security recipients could see their benefit checks reduced in 2010, while they are still suffering from reduced retirement savings and a stagnant housing and employment market.
“Seniors face rising costs, but today have fewer resources to pay for them,” John Rother, AARP’s Executive Vice President for Public Policy and Strategy, said. “We urge Congress to address this issue quickly, so that seniors will not face reductions in their Social Security checks, or at least be compensated for increasing medical costs so vital to their well being.”
As advocates for older Americans examine the potential impact of a first-time no COLA for Social Security recipients, AARP has raised specific concerns regarding the rising costs of health care and significant losses in retirement savings.
AARP has compiled the following data to further the discussion taking place among advocates and lawmakers:
Stimulus
As part of the 2009 economic stimulus package, workers received a tax credit of up to $400 ($800 for couples), for 2009 and 2010. Social Security beneficiaries (and certain other retirees and disabled persons) received a one-time payment of $250 for 2009 only.
In addition, older households are more likely than younger households to spend any additional income that they receive, and this spurs economic recovery. (Source: Did the 2008 Tax Rebates Stimulate Spending? Matthew D. Shapiro and Joel Slemrod, University of Michigan and NBER, December 27, 2008.)
Retirement Savings
While the economy is recovering, household net worth is still about 17 percent lower than it was at the end of 2007 (and nearly 20 percent lower in inflation-adjusted terms). (Source, AARP Public Policy Institute calculations from Federal Reserve Board, Flow of Funds Account, Balance Sheet of Households and Nonprofit Organizations, September 17, 2009.)
Interest rates paid on savings account deposits have now also dropped to very low levels, leaving even conservative savers in a pinch. The average annual interest rate on a 6-month CD is less than half a percent today (0.44 percent in August 2009), down from 4.85 percent at the end of 2007. (Source: Federal Reserve Statistical Release H.15, September 21, 2009.)
Employment
Many older workers now plan to work longer in order to rebuild their retirement savings in the wake of the recession. But some have already lost employment, and many will be unable to continue working. When older workers lose their jobs, it takes them longer to find a new one, and some of them instead opt to drop out of the labor force altogether, turning to Social Security and retirement savings.
Social Security claims are on the rise as the souring employment market forces older Americans out of the workforce and diminishes their personal savings. The number of applications for retirement benefits was nearly 9 percent greater than expected this fiscal year to date. (Source: Stephen C. Goss, Chief Actuary, Social Security Administration, May 28, 2009. Data are for October 2008 through May 2009.)
In August, the average duration of unemployment was over 30 weeks for jobseekers aged 55 and older, compared to about 20 weeks in December 2007 and 24 weeks for jobseekers under age 55. (Source: Sara Rix, AARP Public Policy Institute, analysis of data from the U.S. Department of Labor, Bureau of Labor Statistics. See in particular The Employment Situation: August 2009; tables in BLS’s Employment and Earnings, January 2008 and September 2009; and BLS’s Labor Force Statistics from the Current Population Survey.)
As Federal Reserve Chairman Ben Bernanke has explained, while the economy is expected to grow in the coming year, “the economic recovery is likely to be relatively slow at first, with unemployment declining only gradually from high levels.” Thus, increasing numbers of older Americans will rely on Social Security because they can’t find a job for some time to come. (Source: Chairman Ben S. Bernanke, remarks delivered at the Federal Reserve Bank of Kansas City's Annual Economic Symposium, August 21, 2009 and at the Brookings Institution, on September 15, 2009.)
Medical Costs
While overall inflation is low (or negative), medical costs continue to rise; and, older Americans spend more than others on health care.
Between August 2008 and August 2009 the cost of all goods and services other than medical care fell by 1.8 percent. In contrast, the cost of medical care rose by 3.3 percent. (Source: Bureau of Labor Statistics, Consumer Price Index Summary, September 16, 2009, Table 1.)
Rising medical costs can be a disaster for retirees or anyone with unusually large expenses. On average, Medicare beneficiaries spend about 30 percent of their incomes on out-of-pocket medical expenses. (Source: AARP Public Policy Institute.)
To watch the webcast of the September 21st AARP Public Policy Institute’s Solutions Forum on the Social Security COLA, go to www.nextgenweb.org/aarp.
AARP Executive Vice President John Rother released this statement following today’s introduction of health care reform legislation in the Senate Finance Committee:
AARP CEO Barry Rand released this statement following President Barack Obama’s address to Congress:
Since Medicare is such an important
program for our members who are over the age of 65 or
those who are eligible for its coverage due to a
disability, we are devoting this edition to the proposed
changes in Medicare. Please note that the
descriptions of proposed changes are those found in the
House bill. The Senate committee that holds
jurisdiction over Medicare, the Finance Committee, has not
released its proposal
The reductions in Medicare spending are directed towards
reimbursement rates for providers that, as a group, have
been found to have healthy margins. In addition to
these reimbursement reductions, there are several
improvements in Medicare that will assure continued access
to physician care and reduce out-of-pocket costs for many
beneficiaries. |