S. 2703: Protecting Older Americans Act of 2025 (119th Congress) Bill Summary

This bill, titled the Protecting Older Americans Act of 2025, proposes changes to the way age discrimination disputes are handled, specifically regarding arbitration. Here’s a breakdown of its key components:

Definitions

Age Discrimination Dispute: The bill defines this as any dispute concerning actions that may involve discrimination against individuals aged 40 and older. This could include various forms of discrimination, such as disparate treatment, disparate impact, harassment, and retaliation, in accordance with applicable laws.
Predispute Arbitration Agreement: This term refers to any agreement that requires parties to resolve disputes through arbitration before the dispute arises.
Predispute Joint-Action Waiver: This is an agreement that prevents individuals from joining together in a lawsuit regarding a dispute before it happens.

Main Provisions

The bill introduces a new chapter in Title 9 of the United States Code specifically addressing arbitration agreements related to age discrimination disputes.
No Validity or Enforceability: It states that if a person claims that they are experiencing age discrimination, they have the option to choose not to be bound by predispute arbitration agreements or joint-action waivers when pursuing their claims. This means that such agreements cannot be enforced against them if they decide to take legal action regarding age discrimination.
The determination of whether this provision applies to a given dispute will be decided by a court, not an arbitrator, which empowers the judiciary over the arbitration process in these specific cases.

Technical and Conforming Amendments

The bill also includes several technical amendments to existing sections of Title 9 to ensure consistency and accuracy, such as updating references to include the new chapter addressing age discrimination disputes.

Applicability

The provisions of this bill will apply to any dispute or claim that arises after the bill is enacted. This means that existing agreements prior to its enactment will not be affected, but all future disputes involving age discrimination would be governed by the new rules established in this bill.