[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 121 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 121

     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

                            January 19, 1999

 Mr. Feingold introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 1999''.

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:

``SEC. 719. EXCLUSIVITY OF POWERS AND PROCEDURES.

    ``Notwithstanding any Federal law (other than a Federal law that 
expressly refers to this title) that would otherwise modify any of the 
powers and procedures expressly applicable to a right or claim arising 
under this title, 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 enforce such right or 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:

``SEC. 16. EXCLUSIVITY OF POWERS AND PROCEDURES.

    ``Notwithstanding any Federal law (other than a Federal law that 
expressly refers to this Act) that would otherwise 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 enforce such right or resolve 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. 794a) is 
amended by adding at the end the following new subsection:
    ``(c) Notwithstanding any Federal law (other than a Federal law 
that expressly refers to this title) that would otherwise modify any of 
the powers and procedures expressly applicable to a right or claim 
arising under section 501, 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 enforce such right or 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 law (other than a Federal law 
that expressly refers to this Act) that would otherwise modify any of 
the powers and procedures expressly applicable to a right or claim 
based on a violation described in subsection (a), 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 enforce such right 
or resolve such claim through arbitration or another procedure.''.

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

    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 law (other than a Federal law 
that expressly refers to this section) that would otherwise modify any 
of the powers and procedures expressly applicable to a right or claim 
concerning making and enforcing a contract of employment under this 
section, 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 enforce such right or 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 law (other than a Federal law 
that expressly refers to this Act) that would otherwise modify any of 
the powers and procedures expressly applicable to a right or claim 
arising under this subsection, 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 enforce such right or 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. 
2651 et seq.) is amended--
            (1) by redesignating section 405 as section 406; and
            (2) by inserting after section 404 the following new 
        section:

``SEC. 405. EXCLUSIVITY OF REMEDIES.

    ``Notwithstanding any Federal law (other than a Federal law that 
expressly refers to this Act or a provision of subchapter V of chapter 
63 of title 5, United States Code) that would modify any of the powers 
and procedures expressly applicable to a right or claim arising under 
this Act or under such subchapter 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 enforce such right or resolve 
such claim through arbitration or another procedure.''.

SEC. 9. AMENDMENT TO TITLE 9, 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 not later than the date of enactment of this Act.
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