This bill, known as the "Ending Forced Arbitration of Race Discrimination Act of 2025," amends Title 9 of the United States Code, which governs arbitration. Its primary purpose is to prevent the enforcement of certain arbitration clauses in disputes involving allegations of race, color, or national origin discrimination. This legislative change aims to protect individuals' rights to pursue such claims in a judicial setting. Specifically, the legislation stipulates that predispute arbitration agreements and predispute joint-action waivers will not be valid or enforceable for "race discrimination disputes" if the person alleging the conduct elects to pursue their claim in a judicial forum. A "race discrimination dispute" is broadly defined to include discrimination, harassment, or retaliation based on race, color, or national origin under any applicable Federal, Tribal, State, or local law. The bill further clarifies that a court, rather than an arbitrator, will determine the applicability of this chapter to a dispute and the validity of any challenged arbitration agreement, ensuring that individuals facing race-based discrimination are not compelled into arbitration and retain their right to litigate their claims in court. The act and its amendments will apply to any dispute or claim that arises or accrues on or after its enactment date.
Ending Forced Arbitration of Race Discrimination Act of 2025
USA119th CongressS-3243| Senate
| Updated: 11/20/2025
This bill, known as the "Ending Forced Arbitration of Race Discrimination Act of 2025," amends Title 9 of the United States Code, which governs arbitration. Its primary purpose is to prevent the enforcement of certain arbitration clauses in disputes involving allegations of race, color, or national origin discrimination. This legislative change aims to protect individuals' rights to pursue such claims in a judicial setting. Specifically, the legislation stipulates that predispute arbitration agreements and predispute joint-action waivers will not be valid or enforceable for "race discrimination disputes" if the person alleging the conduct elects to pursue their claim in a judicial forum. A "race discrimination dispute" is broadly defined to include discrimination, harassment, or retaliation based on race, color, or national origin under any applicable Federal, Tribal, State, or local law. The bill further clarifies that a court, rather than an arbitrator, will determine the applicability of this chapter to a dispute and the validity of any challenged arbitration agreement, ensuring that individuals facing race-based discrimination are not compelled into arbitration and retain their right to litigate their claims in court. The act and its amendments will apply to any dispute or claim that arises or accrues on or after its enactment date.