H.R. 6172: Ending Forced Arbitration of Race Discrimination Act of 2025 (119th Congress) Bill Summary

This bill, titled the Ending Forced Arbitration of Race Discrimination Act of 2025, aims to change how disputes related to race discrimination are handled in the United States legal system. Specifically, it proposes the following key changes:

1. Definition Clarifications

The bill establishes definitions for crucial terms used in the context of race discrimination disputes. It defines a race discrimination dispute as a disagreement concerning actions alleged to be discriminatory, including harassment or retaliation, based on a person's race, color, or national origin, under applicable federal, state, tribal, or local laws.

2. Limits on Arbitration Agreements

The bill makes it clear that any predispute arbitration agreements or predispute joint-action waivers cannot be enforced in cases related to race discrimination disputes. This means that individuals who believe they have been discriminated against on these grounds can choose to take their case to court rather than being forced into arbitration. This applies whether they are acting individually or as part of a class or collective action.

3. Court Determination of Applicability

Under this legislation, any questions about whether a dispute falls under these new rules will be decided by a court rather than an arbitrator. Courts would handle the validity and enforceability of any agreements related to arbitration in these cases, even if the agreement suggests that an arbitrator should decide such matters.

4. Effective Date

The provisions of this act would apply to any dispute or claim that arises on or after the date the bill becomes law. This establishes a clear timeline for when these changes would take effect.

5. Technical Amendments

The bill also includes several amendments to existing sections of Title 9 of the U.S. Code to ensure consistency with the new provisions and to update the table of chapters to reflect the addition of the new chapter on arbitration concerning race discrimination.