Ending Forced Arbitration of Race Discrimination Act of 2025

This bill amends Title 9 of the United States Code to address arbitration agreements related to race discrimination. Its primary purpose is to invalidate predispute arbitration agreements and predispute joint-action waivers concerning disputes involving race, color, or national origin discrimination. This ensures that individuals are not forced into arbitration for such claims if they prefer to litigate in court. Specifically, the bill defines a "race discrimination dispute" broadly to include allegations of discrimination, harassment, or retaliation based on race, color, or national origin under federal, tribal, state, or local law. At the election of the person alleging such conduct, any prior agreement to arbitrate or waive joint action will be deemed invalid and unenforceable. A critical provision mandates that a court , rather than an arbitrator, will determine whether this chapter applies to a dispute and the validity of any arbitration agreement, irrespective of contractual language attempting to delegate this authority. The Act will apply to any dispute or claim that arises or accrues on or after its enactment date.