Your employees’ arbitration agreements may look a lot different soon (all crumpled up in a trash can)

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On Wednesday, U.S. Senator Kirsten Gillibrand (D-NY), Senate Judiciary Committee Ranking Member Lindsey Graham (R-SC), Senate Judiciary Committee Chair Dick Durbin (D-IL), and Representative Nancy Mace (R-SC) announced the introduction of the bipartisan Protecting Older Americans Act. The legislation would invalidate forced arbitration clauses that require employees to arbitrate claims of age discrimination, whether for disparate treatment, disparate impact, harassment, and retaliation.

The new legislation would apply to age claims arising under federal, state, or tribal law, whether filed individually or as a class. Individuals would have the option who have signed arbitration agreements would have the option, but

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