A bill that would invalidate mandatory arbitration of age discrimination claims cleared a key Senate committee May 9, 2024, paving the way for possible enactment later this year. On a bipartisan 15 to 6 vote, the Senate Judiciary Committee approved and sent to the full Senate the Protecting Older Americans Act of 2023 (S. 1979). The bill builds on legislation enacted during the previous Congress that invalidates mandatory arbitration clauses for sexual assault and sexual harassment claims. S. 1979 would apply to any dispute that arises on or after the statute’s enactment, so it would allow employees who signed arbitration agreements before that date to opt out of them for any age discrimination claims that arise after the statute’s enactment. Rep. Nancy Mace (R-S.C.) has introduced H.R. 4120, a companion bill to S. 1979, in the House of Representatives. H.R. 4120 has been referred to the House Judiciary Committee.
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