HR5115-119

What This Bill Does

The Protecting Older Americans Act creates a new title 9 arbitration chapter for age discrimination disputes. It defines an age discrimination dispute as alleged age discrimination against a person age 40 or older, including disparate treatment, disparate impact, harassment, and retaliation prohibited under federal, tribal, state, or local law. At the election of the person alleging the age discrimination dispute or a named class or collective-action representative, no predispute arbitration agreement or predispute joint-action waiver is valid or enforceable for a filed case related to that dispute. The bill requires applicability, validity, and enforceability questions to be decided under federal law by a court rather than an arbitrator, regardless of delegation clauses or whether the challenge is specific to the arbitration clause or the broader contract. It also conforms title 9 sections 2, 208, and 307 and adds the new chapter to the title table.

Who Benefits and How

Workers age 40 and older benefit because they can choose court instead of being forced into predispute arbitration for age discrimination claims. Older job applicants benefit if age discrimination disputes can proceed in court or class proceedings despite prior waivers. Class and collective action representatives benefit because predispute joint-action waivers are unenforceable at their election. Civil rights attorneys benefit from court access and judicial decisions on arbitration enforceability.

Who Bears the Burden and How

Employers using predispute arbitration agreements lose the ability to force age discrimination disputes into arbitration when claimants elect otherwise. Arbitration providers lose business from covered age discrimination disputes that proceed in court. Federal courts must decide applicability, validity, and enforceability questions for covered disputes. Human resources departments must revise employment agreements and litigation strategy for age discrimination claims.

Key Provisions

• Defines age discrimination disputes involving people age 40 or older.
• Bars enforcement of predispute arbitration agreements at the claimant's election for covered disputes.
• Bars enforcement of predispute joint-action waivers at the named representative's election.
• Requires courts rather than arbitrators to decide applicability, validity, and enforceability.
• Applies despite delegation clauses and conforms other title 9 arbitration provisions.