Protecting Older Americans Act of 2025
Summary
The Protecting Older Americans Act of 2025 aims to give workers more legal options when they face age-related discrimination in the workplace. Currently, many employment contracts include forced arbitration clauses that require employees to settle legal disputes through a private, often secretive process rather than in a public courtroom. This bill would make such "predispute" arbitration agreements and joint-action waivers unenforceable for claims involving age discrimination, harassment, or retaliation.
If enacted, the legislation would allow employees aged 40 and older to choose whether to pursue their claims through arbitration or by filing a lawsuit in court, even if they previously signed an agreement to arbitrate. The bill specifies that a judge, rather than an arbitrator, would determine whether the law applies to a specific dispute. This change is intended to increase transparency and accountability for employers while ensuring that older workers have the same access to the judicial system as those filing claims for sexual harassment or assault.