II 111th CONGRESS 1st Session S. 2915 IN THE SENATE OF THE UNITED STATES December 18, 2009 Mr. Corker (for himself, Mr. Alexander, Mr. Crapo, and Mr. Vitter) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide that employment-related arbitration agreements shall not be enforceable with respect to any claim related to a tort arising out of rape.

1.

Short title

This Act may be cited as the Rape Victims Act of 2009.

2.

Findings; purpose

(a)

Findings

Congress finds the following: (1)Federal law has long held that workplace disputes may be the subject of valid agreements to arbitrate unless Congress has evinced an intention to preclude such agreements for the disputes at issue. See Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26 (1991). (2)It is the intent of Congress that employees not be compelled by an employer to arbitrate any claim related to a tort arising out of rape. (b)

Purpose

The purpose of this Act is to evidence the intent of Congress to preclude an employer from enforcing an agreement to arbitrate any claim related to a tort arising out of rape.

3.

Arbitration of certain controversies

(a)

In general

Notwithstanding any other provision of law, any agreement made between an employer and an employee to arbitrate a dispute shall not be enforceable with respect to any claim related to a tort arising out of rape. (b)

Rule of construction

This Act shall not be construed to limit, in any way, the broad construction given to the scope of employment under any Federal or State workers’ compensation law. (c)

Definitions

In this section: (1)

Commerce

The term commerce means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof. (2)

Industry affecting commerce

The term industry affecting commerce means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry affecting commerce within the meaning of the Labor-Management Reporting and Disclosure Act of 1959, and further includes any governmental industry, business, or activity. (3)

Employer

The term employer means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include— (A)the United States, a corporation wholly owned by the Government of the United States, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of title 5 of the United States Code); or (B)a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954. (4)

Employee

The term employee means an individual employed by an employer, except that the term employee shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.