Bill · H.R. 10641· House(119-HR-10641)
Employee and Retiree Access to Justice Act
- Introduced
- 10/1/2026
- Last activity
- 10/1/2026 — Referred to the House Committee on Education and Workforce.
- Sponsored by
- Mark DeSaulnier
- Cosponsors
- - 1 - 0
- Introduced
- In Committee
What this bill would do
The bill is known as the Employee and Retiree Access to Justice Act. It amends the Employee Retirement Income Security Act of 1974 to make certain mandatory or coerced clauses unenforceable. Specifically, it targets mandatory predispute arbitration clauses, coerced postdispute arbitration clauses, class action waivers, representation waivers, and discretionary clauses. The legislation also prohibits these types of clauses and waivers from being included in plan documents or other agreements with plan participants. Furthermore, the bill outlines strict rules for when postdispute arbitration can be used and ensures that courts, rather than arbitrators, decide whether an arbitration provision is valid.
Yes· 3 of 7
Would retired people be better off under this?+6
Retirees are directly protected by rules making mandatory predispute arbitration clauses and discretionary benefit determinations unenforceable.
Does this protect the right to fair treatment by the courts?+6
The bill enhances due process by invalidating mandatory arbitration clauses and class action waivers, ensuring plan participants can seek fair court review of benefit claims.
Would people over 65 be better off under this?+5
Retirees and older workers are better protected from forced arbitration and unfair benefit denials under ERISA retirement plans.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
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Protection Against Forced Arbitration: Section 2 (adding section 502(n)(1)(A) to the Act) ensures that no predispute arbitration provision is valid or enforceable if it requires arbitration of a matter related to a civil action claim. This benefits individuals by allowing them to take plan disputes to court rather than being forced into private arbitration.
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Safeguards for Postdispute Arbitration: Section 2 (adding section 502(n)(1)(B) to the Act) makes postdispute arbitration unenforceable unless specific conditions are met, such as prohibiting coercion, requiring clear paper notices, enforcing a 45-day waiting period, and obtaining written consent. This protects people from being rushed or tricked into giving up their legal rights.
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Preservation of Class Actions: Section 2 (adding section 502(n)(1)(C) and (D) to the Act) invalidates waivers that stop participants from bringing joint, class, or representative claims. This is positive because it allows workers and retirees to band together to hold plans accountable.
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Fair Court Review of Benefits: Section 2 (adding section 502(n)(1)(E) to the Act) stops plans from giving themselves discretionary authority that would limit a reviewing court to anything other than a fresh, de novo review of benefit determinations. This gives individuals a fairer chance when a court reviews denied benefits or plan interpretations.
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Prohibition on Requiring Clauses: Section 3 (adding section 402(d) to the Act) prohibits plan sponsors, employers, and administrators from forcing participants to agree to predispute arbitration as a condition of joining the plan or receiving benefits. This ensures that everyday people are not forced to surrender their 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 that create negative consequences, burdens, or harms 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. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Retirees+6Good For Seniors+5Good For Union Workers+5Good For Low Income Households+4Good For Middle Class Households+4Good For Veterans+3
- Governance And Ideology
- Improves Due Process+6
- 10/1/2026
- Referred to the House Committee on Education and Workforce.
- 1 Cosponsor added.
- Introduced in House
4 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.
Robert ScottDemocrat · Virginia