S. 3243

119 S3243 IS: Ending Forced Arbitration of Race Discrimination Act of 2025
 U.S. Senate
 2025-11-20
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II
 119th CONGRESS  1st Session
 S. 3243
 IN THE SENATE OF THE UNITED STATES
 November 20, 2025
  Mr. Booker  (for himself,  Mr. Blumenthal ,  Mr. Coons ,  Mr. Durbin ,  Mrs. Gillibrand ,  Ms. Hirono ,  Mr. Padilla ,  Mr. Van Hollen ,  Ms. Warren , and  Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary
 A BILL
To amend title 9, United States Code, with respect to arbitration of disputes involving race discrimination.
1.
Short title
This Act may be cited as the   Ending Forced Arbitration of Race Discrimination Act of 2025  .
2.
Predispute arbitration of disputes involving race discrimination
(a)
In general
Title 9, United States Code, is amended by adding at the end the following:
5
Arbitration of disputes involving race discrimination
Sec.
501. Definitions.
502. No validity or enforceability.
501.
Definitions
In this chapter:
(1)
Predispute arbitration agreement; predispute joint-action waiver
The terms  predispute arbitration agreement  and  predispute joint-action waiver  have the meanings given the terms in section 401.
(2)
Race discrimination dispute
The term  race discrimination dispute  means a dispute relating to conduct that is alleged to constitute discrimination (including harassment), or retaliation, on the basis of race, color, or national origin under applicable Federal, Tribal, State, or local law.
502.
No validity or enforceability
(a)
In general
Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a race discrimination dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, State, or local law and relates to the race discrimination dispute.
(b)
Determination of applicability
An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.
  .
(b)
Technical and conforming amendments
(1)
In general
Title 9, United States Code is amended—
(A)
in section 2, by inserting  or 5  before the period at the end;
(B)
in section 208, in the second sentence, by inserting  or 5  before the period at the end; and
(C)
in section 307, in the second sentence, by inserting  or 5  before the period at the end.
(2)
Table of chapters
The table of chapters for title 9, United States Code, is amended by adding at the end the following:
  5.  Arbitration of disputes involving race discrimination    501.    .
3.
Applicability
This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act.