[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 366 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 366

     To amend certain Federal civil rights statutes to prevent the 
   involuntary application of arbitration to claims that arise from 
unlawful employment discrimination based on race, color, religion, sex, 
      national origin, age, or disability, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 7 (legislative day, January 30), 1995

 Mr. Feingold introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
     To amend certain Federal civil rights statutes to prevent the 
   involuntary application of arbitration to claims that arise from 
unlawful employment discrimination based on race, color, religion, sex, 
      national origin, age, or disability, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Procedures Protection 
Act of 1995''.

SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.

    Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
is amended by adding at the end the following new section:

                 ``exclusivity of powers and procedures

    ``Sec. 719. Notwithstanding any Federal statute of general 
applicability that would modify any of the powers and procedures 
expressly applicable to a claim arising under this title, such powers 
and procedures shall be the exclusive powers and procedures applicable 
to such claim unless after such claim arises the claimant voluntarily 
enters into an agreement to resolve such claim through arbitration or 
another procedure.''.

SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et 
seq.) is amended--
            (1) by redesignating sections 16 and 17 as sections 17 and 
        18, respectively; and
            (2) by inserting after section 15 the following new section 
        16:

                 ``exclusivity of powers and procedures

    ``Sec. 16. Notwithstanding any Federal statute of general 
applicability that would modify any of the powers and procedures 
expressly applicable to a right or claim arising under this Act, such 
powers and procedures shall be the exclusive powers and procedures 
applicable to such right or such claim unless after such right or such 
claim arises the claimant voluntarily enters into an agreement to 
resolve such right or such claim through arbitration or another 
procedure.''.

SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF 1973.

    Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 795) is 
amended by adding at the end the following new subsection:
    ``(c) Notwithstanding any Federal statute of general applicability 
that would modify any of the procedures expressly applicable to a claim 
based on right under section 501, such procedures shall be the 
exclusive procedures applicable to such claim unless after such claim 
arises the claimant voluntarily enters into an agreement to resolve 
such claim through arbitration or another procedure.''.

SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990.

    Section 107 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12117) is amended by adding at the end the following new 
subsection:
    ``(c) Notwithstanding any Federal statute of general applicability 
that would modify any of the powers and procedures expressly applicable 
to a claim based on a violation described in subsection (a), such 
powers and procedures shall be the exclusive powers and procedures 
applicable to such claim unless after such claim arises the claimant 
voluntarily enters into an agreement to resolve such claim through 
arbitration or another procedure.''.

SEC. 6. AMENDMENT TO SECTION 1977 OF THE REVISED STATUTES OF THE UNITED 
              STATES.

    Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended by 
adding at the end the following new subsection:
    ``(d) Notwithstanding any Federal statute of general applicability 
that would modify any of the procedures expressly applicable to a right 
to make and enforce a contract of employment under this section, such 
procedures shall be the exclusive procedures applicable to a claim 
based on such right unless after such claim arises the claimant 
voluntarily enters into an agreement to resolve such claim through 
arbitration or another procedure.''.

SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT UNDER THE FAIR LABOR 
              STANDARDS ACT OF 1938.

    Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(d)) is amended by adding at the end the following new paragraph:
    ``(5) Notwithstanding any Federal statute of general applicability 
that would modify any of the powers or procedures expressly applicable 
to a claim based on violation of this subsection, such powers and 
procedures shall be the exclusive procedures applicable to such claim 
unless after such claim arises the claimant voluntarily enters into an 
agreement to resolve such claim through arbitration or another 
procedure.''.

SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993.

    Title IV of the Family and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.) is amended by adding at the end the following new 
section:

``SEC. 406. EXCLUSIVITY OF REMEDIES.

    ``Notwithstanding any Federal statute of general applicability that 
would modify any of the procedures expressly applicable to a claim 
based on a right provided under this Act or under an amendment made by 
this Act, such procedures shall be the exclusive procedures applicable 
to such claim unless after such claim arises the claimant voluntarily 
enters into an agreement to resolve such claim through arbitration or 
another procedure.''.

SEC. 9. AMENDMENT TO TITLE 9 OF THE UNITED STATES CODE.

    Section 14 of title 9, United States Code, is amended--
            (1) by inserting ``(a)'' before ``This''; and
            (2) by adding at the end the following new subsection:
    ``(b) This chapter shall not apply with respect to a claim of 
unlawful discrimination in employment if such claim arises from 
discrimination based on race, color, religion, sex, national origin, 
age, or disability.''.

SEC. 10. APPLICATION OF AMENDMENTS.

    The amendments made by this Act shall apply with respect to claims 
arising on and after the date of the enactment of this Act.
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