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Ending Forced Arbitration for Age Discrimination Claims for Older Workers.

This law grants individuals aged 40 and older the right to choose a court instead of private arbitration for age discrimination disputes. This means employees can no longer be forced to resolve such claims outside the public court system, even if they previously signed an arbitration agreement. This change strengthens legal protection and access to justice for older Americans.
Key points
Individuals aged 40 and over can sue employers in court for age discrimination, overriding prior arbitration agreements.
Pre-dispute arbitration agreements and joint-action waivers are invalid regarding age discrimination claims.
A court, not an arbitrator, will determine whether this new rule applies to a specific dispute.
The law allows for class action lawsuits concerning age discrimination.
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Additional Information
Print number: 118_S_1979
Sponsor: Sen. Gillibrand, Kirsten E. [D-NY]
Process start date: 2023-06-14