Protecting Older Americans Act of 2025
Protecting Older Americans Act of 2025 would add a new chapter to the Federal arbitration framework (Title 9, U.S. Code) that restricts the use of predispute arbitration agreements and predispute joint-action waivers in disputes alleging age discrimination. The bill defines an “age discrimination dispute” as any claim against a person 40 or older that alleges conduct prohibited under federal, tribal, or state law (including disparate treatment, disparate impact, harassment, and retaliation). When a dispute falls under this chapter, the party asserting the age discrimination claim can elect not to enforce any pre-dispute arbitration clause or class/collective action waiver, meaning the case may proceed in court rather than arbitration. The chapter’s applicability and the enforceability of arbitration provisions in these cases would be decided by a court, not an arbitrator, and would apply to disputes arising after the enactment date. In short, the bill makes it easier for individuals 40 and older to sue in court for age discrimination by preventing pre-dispute arbitration agreements from binding these disputes, and it ensures court—not arbitrators—decides if the chapter applies.
Key Points
- 1Creates a new Chapter 5 in Title 9 (Arbitration) specifically for disputes involving age discrimination.
- 2Defines an “age discrimination dispute” as any claim alleging conduct that constitutes age discrimination against someone 40 or older under applicable federal, tribal, or state law (including disparate treatment, disparate impact, harassment, and retaliation).
- 3Prohibits predispute arbitration agreements and predispute joint-action waivers from being valid or enforceable in age discrimination disputes, at the election of the claimant or a named representative of a class/collective action.
- 4Requires determinations about whether this chapter applies to a dispute to be made under federal law; courts—not arbitrators—decide the applicability and the validity/enforceability of the arbitration agreement for these cases.
- 5Applies to disputes arising on or after the date of enactment (prospective application only) and adds this chapter to the official table of chapters in Title 9.