Congress restores right to sue for discrimination, bans forced arbitration
H.R. 1354 — Justice for All Act of 2025 · Filed by Rashida Tlaib (D-MI) · 17 cosponsors · Introduced Feb 13, 2025 · Referred to committee
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What it does
This bill restores and expands the right of individuals to sue in federal court for discrimination under major civil rights laws (Title VI, Title IX, Fair Housing Act, Age Discrimination Act, Rehabilitation Act). It explicitly permits private lawsuits based on disparate impact (policies that harm protected groups even if not intentionally discriminatory), adds explicit protections for LGBTQ individuals and hair discrimination, eliminates forced arbitration for employment and civil rights disputes, removes the Faragher-Ellerth defense that shields employers from harassment liability, and guarantees attorney's fees for prevailing plaintiffs—including in settlements.
Why we flagged it
The bill's core function is to restore and broaden private enforcement of federal civil rights statutes by reinstating disparate impact claims, guaranteeing attorney's fees, and banning forced arbitration. It is a direct response to Supreme Court decisions (Alexander v. Sandoval, AT&T Mobility v. Concepcion) that narrowed civil rights remedies.
What the text implies
- Disparate impact standard may increase litigation risk for employers, housing providers, and educational institutions, potentially raising compliance costs and insurance premiums across sectors.
- Removal of Faragher-Ellerth defense eliminates a major liability shield for employers, shifting harassment liability from individual supervisors to the employer itself in all cases.
The full analysis lists 5 implications of this text.
Who stands to gain
civil rights law firms; plaintiff's attorneys; employment litigation specialists