S. 2703

119 S2703 IS: Protecting Older Americans Act of 2025
 U.S. Senate
 2025-09-03
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 2703
  IN THE SENATE OF THE UNITED STATES
  September 3, 2025
  Mrs. Gillibrand  (for herself,  Mr. Graham ,  Mr.
  Durbin , and  Mr. Grassley )
  introduced the following bill; which was read twice and referred to the
  Committee on the
  Judiciary
  A BILL
To amend title 9 of the United States Code with respect to arbitration of
  disputes involving age discrimination.
1.
Short title
This Act may be cited as the   Protecting Older Americans Act of 2025  .
2.
Predispute arbitration of disputes involving age discrimination
(a)
In general
Title 9 of the United States Code is amended by adding at the end the following:
5
Arbitration of disputes involving age discrimination
Sec.
501. Definitions.
502. No validity or enforceability.
501.
Definitions
In this chapter:
(1)
Age discrimination dispute
The term  age discrimination dispute  means 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).
(2)
Predispute arbitration agreement; predispute joint-action
  waiver
The terms  predispute arbitration agreement  and  predispute joint-action waiver  have the meanings given the terms in section 401.
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.
  .
(b)
Technical and conforming amendments
(1)
In general
Title 9 of the United States Code is amended—
(A)
in section 2, by inserting  or 5  before the period at the end;
(B)
in section 208, in the second sentence, by inserting  or 5  before the period at the end; and
(C)
in section 307, in the second sentence, by inserting  or 5  before the period at the end.
(2)
Table of chapters
The table of chapters for title 9, United States Code, is amended by adding at the end the following:
  5. Arbitration
  of disputes involving age
  discrimination
  501.
  .
3.
Applicability
This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act.