Sen. Tom Harkin

  • March 13, 2012
    Guest Post

    By Senator Tom Harkin (D-Iowa). Sen. Harkin is Chairman of the Senate Health, Education, Labor and Pensions Committee.


    When Jack Gross, at age 55, was brazenly demoted and his job was given to a much younger, less qualified person, he never imagined he would become a central national figure in the fight against age discrimination. But that is exactly what happened to Jack, who worked for nearly a quarter century as a claims adjuster for FBL Financial in West Des Moines. He was a model employee, with performance reviews in the top three percent of the company for 13 consecutive years.

    Over four decades ago, expressly to prevent this kind of discrimination, Congress passed the Age Discrimination in Employment Act. Very simply, that act made it unlawful to discriminate on the basis of age.

    When Jack sought enforcement of his rights, a jury of fellow Iowans readily found in his favor. But, in 2009, the Supreme Court ruled against Jack and other older workers. A narrow majority on the Court didn't just rewrite the rules, it arbitrarily rewrote the law.

    The Court overturned established precedent that had applied standards of proof the Supreme Court first set out in interpreting the Civil Rights Act of 1964 to the Age Discrimination in Employment Act (ADEA). The Court held that because Congress did not amend the ADEA to include this standard when it codified the standard for race, sex, national origin, and religion claims as part of the Civil Rights Act of 1991, the standard did not apply to age claims. As a result of this discrepancy, the opinion has also had reverberations in a wide range of civil cases in addition to age discrimination, including discrimination based on disability.   

    The good news is that the Court's arbitrary ruling is not the final say. Congress has the power to step in with a legislative remedy. That is what it did when the Court weakened the rights of women in the workplace. Congress passed and the President signed into law the Lilly Ledbetter Fair Pay Act.

  • January 28, 2011
    Guest Post

    By Sandy Newman. Mr. Newman is the President of Voices for Progress, and was one of the leaders of the Fix the Senate Now Coalition.

    Senators Tom Udall, Jeff Merkley and Tom Harkin have been extraordinary leaders of a hard-fought effort to reform the Senate rules. ACS, while not taking a position on specific proposals, worked to educate Senators about the constitutional history and the extent of current filibuster abuse. More than sixty organizations involved in an informal Fix the Senate Now coalition joined in supporting their proposals. It is therefore unsurprising that, with the defeat of the Udall, Merkley, and Harkin resolutions yesterday, the initial takeaway is that "reformers lost."

    My take: Yesterday was a day of considerable progress in the latest round of a multi-round fight to make the Senate work.

    Reformers won modest changes in the rules themselves by way of a deal negotiated between the leadership of both parties. They showed that they had nearly majority support for more substantial reforms. And they won an assurance that instead of Democrats playing by one rulebook when they are in the majority, only to have the Republicans subjugate them with different rules later, both parties will play by the same rules.

    Reformers did not prevail on a key procedural issue. They knew that, as in past rules reform battles, those opposed to reform would filibuster the proposed changes. Reformers relied on judicial and Senate precedents affirming that, because a previous Senate can't constitutionally limit the powers of today's Senate, a majority is sufficient to break a filibuster - if it does so before the Senate implicitly ratifies the old rules by operating under them. This procedure, the "Constitutional Option," differed from the 2005 "Nuclear Option," in which the Republicans attempted to throw out the rules in the middle of a session, after the new Congress had already ratified them.

    Senators Udall, Merkley and Harkin had put forward a proposal fair to both parties, one that they knew was unlikely to garner unanimous Democratic support. They had hoped to win the support of some Republicans for both the substantive proposals and the Constitutional Option, especially since so many Republicans had supported the far more radical Nuclear Option. In the end, even Republicans who had publicly called for reform refused to back their reform proposals.

  • November 29, 2010
    Education Policy
    Guest Post

    By Senator Tom Harkin (D-IA). Sen. Harkin is Chairman of the Senate Health, Education, Labor and Pensions Committee.
    For-profit colleges have seen explosive growth in recent years. Top executives have made fabulous fortunes, and shareholders have profited richly. But for many students at for-profit colleges, it has been a very different story. Despite glowing promises of a diploma followed by a good job, most students leave without graduating, many with few employment prospects, and nearly all with massive debts that could follow them the rest of their lives.

    This is a shame, because many for-profit colleges offer innovative options for students juggling work and family obligations. With more focus on students and less on shareholders, they could be a more valuable part of our higher education system. Regrettably, an ongoing investigation by my Committee has exposed an industry stained by widespread fraudulent and deceptive recruiting practices, overpriced programs, and staggering dropout rates.

    Just as subprime lenders used the promise of homeownership to lure Americans into loans they couldn't afford, some for-profit schools are using the promise of higher education to lure students into taking on large amounts of student loan debt without delivering the promised increase in earning power.

    An undercover General Accountability Office investigation found that all 15 schools they visited in May/June 2010 were using deceptive recruiting practices to convince students to enroll and take out loans. Witnesses at HELP Committee hearings have told horrifying stories of taking on massive debt only to find that the programs they enrolled in weren't accredited or that the clinical programs they had been promised did not exist.

  • July 26, 2010
    Guest Post

    By Senator Tom Harkin (D-IA). Sen. Harkin is Chairman of the Senate Health, Education, Labor and Pensions Committee.
    The Americans with Disabilities Act - signed into law on July 26, 1990 - has been described as the Emancipation Proclamation for people with disabilities. It sets four goals for people with disabilities: equal opportunity, full participation, independent living and economic self-sufficiency.

    But at its heart, the ADA is simple. In the words of one activist, this landmark law is about securing for people with disabilities the most fundamental of rights: "the right to live in the world." It ensures they can go places and do things that other Americans take for granted.

    I will always remember a young Iowan named Danette Crawford. In 1990, she was just 14. She used a wheelchair, and lived with great pain. But she campaigned hard for the ADA. When I told her that the ADA would mean better educational opportunities, and prevent workplace discrimination, Danette said: "Those things are very important. But, you know, what I really want to do is just be able to go out and buy a pair of shoes like anybody else."

    Two decades later, people with disabilities can do that - and so much more. The ADA has changed America in ways largely invisible to most citizens, but profoundly transformative for tens of millions of Americans with disabilities.

  • May 6, 2010
    Guest Post

    By Senator Tom Harkin (D-IA). Sen. Harkin is Chairman of the Senate Health, Education, Labor and Pensions Committee.
    This morning, the Committee on Health, Education, Labor and Pensions heard testimony from a variety of witnesses on a pressing, national issue - the need to ensure fairness for older workers. We heard from the chair of the Equal Employment Opportunity Commission and a leader from AARP, who both described the national implications of this issue. But I was most taken by the testimony of a remarkable Iowan named Jack Gross, who has become a central national figure in the fight against age discrimination.

    Jack worked for nearly a quarter century as a claims adjuster for FBL Financial in West Des Moines. He was a model employee, with performance reviews in the top three percent of the company for 13 consecutive years. Then, in 2003, when he was 55 years old, his company brazenly demoted him and other employees over the age of 50. His job was give to a much younger, less qualified person.

    Four decades ago, expressly to prevent this kind of discrimination, Congress passed the Age Discrimination in Employment Act. Very simply, that act made it unlawful to discriminate on the basis of age.

    When Jack sought enforcement of his rights, a jury of fellow Iowans readily found in his favor. But, last year, the Supreme Court ruled against Jack and other older workers. A narrow majority on the Court didn't just rewrite the rules, it arbitrarily rewrote the law.

    For decades the law was clear: If an employee showed that age was one factor in an employment decision, the burden was on the employer to show it had acted for a legitimate reason other than age. The Court, however, addressing a question it did not grant cert on, tore up this decades-old standard and imposed a new standard that the Supreme Court itself had rejected in a prior case and Congress had rejected when we enacted the Civil Rights Act of 1991. In its place, it invented a new standard that makes it prohibitively difficult for a victim to prove age discrimination.

    According to the Court's new standard, a victim of age discrimination bears the full burden of proving that age was not only a motivating factor but the decisive factor.

    This extremely high burden of proof has radically undermined older workers' ability to hold employers accountable. Bear in mind that unlawful discrimination is often difficult to detect. Those who discriminate usually go out of their way to conceal their true intent. And discrimination cases rarely involve a smoking gun.

    The good news is that the Court's arbitrary ruling is not the final say. Congress has the power to step in with a legislative remedy. That's what we did when the Court weakened the rights of women in the workplace. Last year, we passed the Lilly Ledbetter Fair Pay Act.

    Likewise, nearly two years ago, we passed the ADA Amendments Act, reversing Court decisions that weakened the Americans with Disabilities Act.

    Now the Court has opened the door to discrimination against older workers. And Congress needs to close that door.

    The Protecting Older Workers Against Discrimination Act, legislation I introduced last year, will restore the law to what it was for decades. It makes clear that when an employee shows that discrimination was "a motivating factor" behind a decision, the burden is properly on the employer to show it complied with the law.

    This legislation would make certain that, once again, Jack Gross and all older workers in this country enjoy the full protections of the law.

    Video of this morning's hearing is available here.