Tina Smith (D-MN)
Employee and Retiree Access to Justice Act
A Democratic bill with no cosponsors
Last activity — Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
In committee
Introduced and handed to a committee in the chamber it started in.
The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.
Its path through Congress
- Introduced
- In Committee
What this bill would do
This bill is called the Employee and Retiree Access to Justice Act. It stops mandatory predispute arbitration clauses and certain postdispute arbitration clauses from being used in employee benefit plans. The bill also bans class action waivers, representation waivers, and discretionary clauses in plan documents. It makes these types of clauses unenforceable in civil actions brought by plan participants and beneficiaries. Additionally, it prohibits covered persons like employers and plan sponsors from requiring these clauses as a condition of plan participation or benefit receipt. Finally, the legislation sets rules for when courts decide the validity of these clauses and establishes an effective date for these changes.
Yes· 3 of 8
- Scored +8
Does this protect the right to fair treatment by the courts?
The legislation ensures participants can access courts, utilize class actions, and receive de novo judicial review instead of being forced into binding arbitration.
- Scored +7
Would union members be better off under this?
The bill strengthens workers' rights by invalidating mandatory arbitration clauses and class action waivers in employee benefit plans.
- Scored +6
Would people over 65 be better off under this?
Retirees benefit from strengthened legal rights and protections regarding their pension and employee benefit plans.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
-
Protection from Mandatory Arbitration: Section 2, amending Section 502(n)(1)(A) of the Employee Retirement Income Security Act of 1974, makes predispute arbitration provisions invalid and unenforceable for claims related to a plan. This means everyday people cannot be forced into arbitration before a dispute even happens, allowing them to take their claims to court.
-
Fair Postdispute Arbitration Rules: Section 2, amending Section 502(n)(1)(B), ensures that postdispute arbitration provisions are only valid if they are not coerced, require clear paper notices of the right to refuse without retaliation, involve a 45-day waiting period, and receive affirmative written consent. This protects individuals from being pressured into unfair arbitration agreements after a dispute arises.
-
Preservation of Class Actions: Section 2, amending Section 502(n)(1)(C), states that provisions where a participant promises not to pursue joint, class, or representative claims prior to a dispute are invalid and unenforceable. This allows workers and retirees to join together in class actions to hold officials accountable.
-
Standard Court Review: Section 2, amending Section 502(n)(1)(E), makes discretionary clauses invalid unless they require a reviewing court to conduct a de novo review of benefit determinations or plan interpretations. This means courts will take a fresh look at benefit decisions rather than automatically giving the benefit of the doubt to the plan administrators.
-
Bans on Requiring Waivers: Section 3, amending Section 402(d) of the Employee Retirement Income Security Act of 1974, prohibits plans, sponsors, employers, and administrators from requiring participants to agree to predispute arbitration provisions as a condition for participating in a plan or receiving benefits. This ensures people do not have to give up their legal rights just to get their earned benefits.
Potential Negative Impacts for People
- No Negative Impacts Identified: Based strictly on the provided text, there are no specific provisions identified that create negative consequences or burdens for individuals or groups of people in the United States.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Demographic And Interest Groups
- Would union members be better off under this? — The bill strengthens workers' rights by invalidating mandatory arbitration clauses and class action waivers in employee benefit plans. Would retired people be better off under this? — Retirees retain the ability to bring civil actions and class actions regarding their retirement and benefit plans. Would people over 65 be better off under this? — Retirees benefit from strengthened legal rights and protections regarding their pension and employee benefit plans. Would households on low incomes be better off under this? — Low-income workers gain better access to the judicial system to resolve disputes regarding their employee benefits without mandatory arbitration barriers. Would middle-income households be better off under this? — Middle-class employees and participants are protected from being forced to waive their right to class actions and court trials. Would veterans be better off under this, taking everything together? — Veterans who participate in employee benefit plans are protected by enhanced rights to challenge benefit determinations in court.
- Governance And Ideology
- Does this protect the right to fair treatment by the courts? — The legislation ensures participants can access courts, utilize class actions, and receive de novo judicial review instead of being forced into binding arbitration.
- Economy And Finance
- Does this give people more protection from unfair business practices? — The bill protects plan participants and beneficiaries by banning mandatory predispute arbitration and unfair waivers in employee benefit plans.
- 9/30/2026
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Introduced in Senate
7 bills Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.