The Protecting Older Americans Act of 2025 aims to amend Title 9 of the United States Code by adding a new chapter specifically addressing arbitration of disputes involving age discrimination. This legislation defines an "age discrimination dispute" broadly, encompassing various forms of discrimination, harassment, and retaliation against individuals aged 40 or older, as prohibited under Federal, Tribal, or State law. The Act's provisions will apply to any dispute or claim that arises or accrues on or after its date of enactment. A key provision of this bill is that, at the election of the person alleging age discrimination, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to such disputes. This means individuals would not be forced into arbitration for age discrimination claims if they prefer to pursue them in court. Furthermore, the bill mandates that a court, rather than an arbitrator, will determine whether this new chapter applies to a dispute and the validity and enforceability of any arbitration agreement in question.
The Protecting Older Americans Act of 2025 aims to amend Title 9 of the United States Code by adding a new chapter specifically addressing arbitration of disputes involving age discrimination. This legislation defines an "age discrimination dispute" broadly, encompassing various forms of discrimination, harassment, and retaliation against individuals aged 40 or older, as prohibited under Federal, Tribal, or State law. The Act's provisions will apply to any dispute or claim that arises or accrues on or after its date of enactment. A key provision of this bill is that, at the election of the person alleging age discrimination, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to such disputes. This means individuals would not be forced into arbitration for age discrimination claims if they prefer to pursue them in court. Furthermore, the bill mandates that a court, rather than an arbitrator, will determine whether this new chapter applies to a dispute and the validity and enforceability of any arbitration agreement in question.