S. 2703
119th CONGRESS 1st Session
To amend title 9 of the United States Code with respect to arbitration of disputes involving age discrimination.
IN THE SENATE OF THE UNITED STATES · September 3, 2025 · Sponsor: Mrs. Gillibrand · Committee: Committee on the Judiciary
Table of contents
Sec.
501. Definitions.
In this chapter:
- The term
age discrimination disputemeans a dispute relating to conduct that is alleged to constitute age discrimination against a person who is not less than 40 years of age in any form, including disparate treatment, disparate impact, harassment, and retaliation, that is prohibited under applicable Federal, Tribal, or State law (including local law). - The terms and have the meanings given the terms in section 401.
predispute arbitration agreement,predispute joint-action waiver
502. No validity or enforceability.
- (a) In general
- Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting an age discrimination dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the age discrimination dispute.
- (b) Determination of applicability
- An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.