The Employee and Retiree Access to Justice Act would prohibit pension and retirement plans from using mandatory arbitration clauses, class action waivers, and other provisions that limit workers' ability to sue over plan disputes. The bill makes predispute arbitration clauses completely unenforceable and only allows postdispute arbitration if participants receive written notice, have a 45-day waiting period, and voluntarily agree in writing without coercion or threat of losing benefits. The legislation also eliminates provisions that give plan administrators discretionary authority over benefit decisions, requiring courts to review such decisions from scratch rather than deferring to the administrator's judgment. The bill affects employers, plan sponsors, administrators, and current and retired workers covered by pension and retirement plans. The law would take effect immediately upon enactment and apply to any dispute arising after that date, though employers would have until one year after enactment to update their plan documents to comply.