Ending Forced Arbitration of Race Discrimination Act of 2025

Title 9, United States Code, is amended by adding at the end the following:

In this chapter:

The terms predispute arbitration agreement and predispute joint-action waiver have the meanings given the terms in section 401.

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.

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.

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.

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.

The table of chapters for title 9, United States Code, is amended by adding at the end the following: