Ending Forced Arbitration of Race Discrimination Act of 2025
Summary
The "Ending Forced Arbitration of Race Discrimination Act of 2025" aims to amend Title 9 of the United States Code to prevent the enforcement of predispute arbitration agreements and predispute joint-action waivers in cases involving race discrimination. This bill ensures that individuals alleging race discrimination can choose to pursue their claims in court rather than being compelled to arbitrate. The Act defines 'race discrimination dispute' broadly to include conduct constituting discrimination or retaliation based on race, color, or national origin under federal, tribal, state, or local law.
Expected Effects
The primary effect of this bill would be to empower individuals alleging race discrimination by giving them the option to litigate their claims in court. This could lead to increased litigation of race discrimination claims. It also shifts the determination of the applicability and enforceability of arbitration agreements in race discrimination cases from arbitrators to courts.
Potential Benefits
- Increased Access to Justice: Allows individuals to pursue race discrimination claims in court.
- Empowerment of Claimants: Gives claimants more control over the resolution of their disputes.
- Greater Transparency: Court proceedings are generally more transparent than arbitration.
- Potential for Broader Impact: Court decisions can set legal precedents that benefit a larger group of people.
- Strengthened Anti-Discrimination Laws: Reinforces the importance of anti-discrimination laws.
Potential Disadvantages
- Increased Litigation: May lead to a surge in race discrimination lawsuits, potentially burdening the court system.
- Potential for Frivolous Claims: Could encourage the filing of unsubstantiated claims.
- Increased Costs for Employers: Employers may face higher costs associated with defending against lawsuits.
- Uncertainty for Businesses: Businesses may face uncertainty regarding dispute resolution processes.
- Possible Delays: Court cases can be slower than arbitration.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with constitutional principles of equal protection and access to justice. While the Constitution does not explicitly address arbitration, the Fifth and Fourteenth Amendments guarantee due process and equal protection under the law. By ensuring individuals have the option to pursue race discrimination claims in court, the bill reinforces these constitutional principles. The bill also respects the legislative powers granted to Congress under Article I, Section 8, which includes the power to regulate commerce and enforce civil rights laws.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).