,,ii  #aahth ,,congress  #ast ,session  
,s4 #aigi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ad1     
#bjbc,mrs4 ,gillibrand 7for herself1    
,mr4 ,graham1 ,mr4 ,durbin1 ,mr4        
,padilla1 ,mr4 ,menendez1 and ,mr4      
,blumenthal7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend title #i of the       
,united ,states ,code with respect to   
arbitration of disputes involving age   
discrimination4  #a4 ,short title ,this 
,act may be cited as the ,protecting    
,older ,americans ,act of #bjbc4  #b4   
,predispute arbitration of disputes     
involving age discrimination  7a7 ,in   
general ,title #i of the ,united ,states
 ,code is amended by adding at the end  
the following3  #e ,arbitration of      
disputes involving age discrimination   
,sec4 #eja4 ,definitions4 #ejb4 ,no     
validity or enforceability4  #eja4      
,definitions ,in this chapter3 7#a7 ,age
 discrimination dispute ,the term age   

discrimination dispute means a dispute  
relating to conduct that is alleged to  
constitute age discrimination against a 
person who is not less than #dj years of
 age in any form1 including disparate   
treatment1 disparate impact1 harassment1
 and retaliation1 that is prohibited    
under applicable ,federal1 ,tribal1 or  
,state law 7including local law74  7#b7 
,predispute arbitration agreement2      
predispute joint-action waiver ,the     
terms predispute arbitration agreement  
and predispute joint-action waiver have 
the meanings given the terms in section 
#dja4  #ejb4 ,no validity or            
enforceability  7a7 ,in general         
,notwithstanding any other provision of 
this title1 at the election of the      
person alleging conduct constituting an 
age discrimination dispute1 or the named
 representative of a class or in a      
collective action alleging such conduct1
 no predispute arbitration agreement or 
predispute joint-action waiver shall be 
valid or enforceable with respect to a  

case which is filed under ,federal1     
,tribal1 or ,state law and relates to   
the age discrimination dispute4  7b7    
,determination of applicability ,an     
issue as to whether this chapter applies
 with respect to a dispute shall be     
determined under ,federal law4 ,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 court1 rather than an   
arbitrator1 irrespective of whether the 
party resisting arbitration challenges  
the arbitration agreement specifically  
or in conjunction with other terms of   
the contract containing such agreement1 
and irrespective of whether the         
agreement purports to delegate such     
determinations to an arbitrator4  4  7b7
 ,technical and conforming amendments   
7#a7 ,in general ,title #i of the       
,united ,states ,code is amended-- 7,a7 
in section #b1 by inserting or #e before
 the period at the end2  7,b7 in section

 #bjh1 in the second sentence1 by       
inserting or #e before the period at the
 end2 and  7,c7 in section #cjg1 in the 
second sentence1 by inserting or #e     
before the period at the end4  7#b7     
,table of chapters ,the table of        
chapters for title #i1 ,united ,states  
,code1 is amended by adding at the end  
the following3  #e4 ,arbitration of     
disputes involving age                  
discrimination#eja4  4  #c4             
,applicability ,this ,act1 and the      
amendments made by this ,act1 shall     
apply with respect to any dispute or    
claim that arises or accrues on or after
 the date of enactment of this ,act4