Protecting Older Americans Act of 2023

Summary

S. 1979, the pending Protecting Older Americans Act of 2023, would amend title 9 of the U.S. Code to make predispute arbitration agreements and joint-action waivers invalid or unenforceable, at the election of the claimant or class representative, for age-discrimination disputes involving persons 40 or older (including disparate treatment, disparate impact, harassment, and retaliation under federal, Tribal, or state law). Courts, not arbitrators, would decide whether the chapter applies, and the changes would cover disputes arising or accruing on or after enactment. The bill is reported in the Senate but not yet enacted, so no compliance duty is currently in force.