H.R. 6172

119 HR 6172 IH: Ending Forced Arbitration of Race Discrimination Act of 2025
 U.S. House of Representatives
 2025-11-20
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 I
 119th CONGRESS  1st Session
 H. R. 6172
 IN THE HOUSE OF REPRESENTATIVES
 November 20, 2025
  Mr. Bell  (for himself,  Mr. Johnson of Georgia ,  Mr. Quigley ,  Ms. Tlaib ,  Mr. Castro of Texas ,  Ms. Norton ,  Mr. Cleaver ,  Ms. Lois Frankel of Florida ,  Ms. Dean of Pennsylvania ,  Mr. Doggett ,  Ms. Kelly of Illinois ,  Ms. Scanlon ,  Mr. Ivey ,  Mr. Davis of Illinois ,  Mrs. Watson Coleman , and  Ms. Lee of Pennsylvania ) introduced the following bill; which was referred to the  Committee on the Judiciary
 A BILL
To amend title 9, United States Code, with respect to arbitration of disputes involving race discrimination.
1.
Short title
This Act may be cited as the   Ending Forced Arbitration of Race Discrimination Act of 2025  .
2.
Predispute arbitration of disputes involving race discrimination
(a)
In general
Title 9, United States Code, is amended by adding at the end the following:
5
Arbitration of disputes involving race discrimination
Sec.
501. Definitions.
502. No validity or enforceability.
501.
Definitions
In this chapter:
(1)
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.
(2)
Race discrimination dispute
The term  race discrimination dispute  means a dispute relating to conduct that is alleged to constitute discrimination (including harassment), or retaliation, on the basis of race, color, or national origin under applicable Federal, Tribal, State, or local law.
502.
No validity or enforceability
(a)
In general
Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a race 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, State, or local law and relates to the race 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, 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 race 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.