[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4734 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 4734
To amend title 9 of the United States Code with respect to arbitration.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 26, 2017
Mrs. Bustos (for herself, Mr. Jones, Ms. Stefanik, and Ms. Jayapal)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 9 of the United States Code with respect to arbitration.
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 ``Ending Forced Arbitration of Sexual
Harassment Act of 2017''.
SEC. 2. ARBITRATION OF EMPLOYMENT DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 4--ARBITRATION OF SEX DISCRIMINATION DISPUTES
``Sec.
``401. Definitions.
``402. Validity and enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the term `predispute arbitration agreement' means any
agreement to arbitrate a dispute that had not yet arisen at the
time of the making of the agreement; and
``(2) the term `sex discrimination dispute' means a dispute
between an employer and employee arising out of conduct that
would form the basis of a claim based on sex under title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) if the
employment were employment by an employer (as defined in
section 701(b) of that Act (42 U.S.C. 2000e(b))), regardless of
whether a violation of such title VII is alleged.
``Sec. 402. Validity and enforceability
``(a) In General.--Except as provided in subsection (b)(2), and
notwithstanding any other provision of this title, no predispute
arbitration agreement shall be valid or enforceable if it requires
arbitration of a sex discrimination dispute.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies to an arbitration agreement shall be determined under
Federal law. The applicability of this chapter to an agreement
to arbitrate and the validity and enforceability of an
agreement to which this chapter applies shall be determined by
a court, rather than an arbitrator, irrespective of whether the
party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of an employee to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 2, by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(B) in section 208--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(C) in section 307--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections for chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections for chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of sex discrimination disputes............. 401''.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises on or after such date.
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