This bill, titled the "Justice for All Act of 2025," aims to strengthen civil rights protections by explicitly clarifying that disparate impacts on certain populations constitute a sufficient basis for rights of action under various civil rights acts. It seeks to reverse the effects of the Supreme Court's *Alexander v. Sandoval* decision, which limited private rights of action for disparate impact discrimination. Congress finds that effective enforcement of these statutes depends heavily on the efforts of private attorneys general, ensuring individuals have a remedy for discrimination.

The legislation amends the Civil Rights Act of 1964, Education Amendments of 1972, Age Discrimination Act of 1975, and the Fair Housing Act to establish how disparate impact discrimination is proven. An aggrieved person must demonstrate that a policy or practice causes a disparate impact, and the covered entity must then prove the practice is related to and necessary for nondiscriminatory goals. Discrimination is also established if a less discriminatory alternative exists and the entity refuses to adopt it.

The bill significantly expands the definition of "sex" across these acts to include sexual orientation, gender identity, sex stereotypes, pregnancy, childbirth, and intersex traits. It clarifies that "race" includes traits historically associated with race, such as natural hair texture and protective hairstyles. Additionally, the Fair Housing Act is amended to include "source of income" as a protected characteristic.

Public accommodations are broadened to encompass a wider array of establishments and services, including online providers, various transportation services, and healthcare facilities. The bill also explicitly prohibits profiling by law enforcement based on protected characteristics, with disparate impact serving as prima facie evidence of a violation.

For both intentional discrimination and disparate impact claims, aggrieved individuals may recover equitable and legal relief, including compensatory and punitive damages, and attorney's fees. The bill establishes strict vicarious employer liability for discrimination, removing the *Faragher-Ellerth* affirmative defense in harassment cases.

A crucial provision prohibits predispute arbitration agreements and joint-action waivers for employment, consumer, and civil rights disputes, ensuring access to courts. It also amends 42 U.S.C. 1983 to remove qualified immunity as a defense for government officials and expands the definition of acting "under color of law" to include private entities performing public functions. The bill specifies that the Religious Freedom Restoration Act cannot be used as a defense against discrimination claims, and its provisions apply to all actions pending on or after its enactment date.