118 S1408 IS: Ending Forced Arbitration of Race Discrimination Act of 2023 U.S. Senate 2023-05-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 1408IN THE SENATE OF THE UNITED STATESMay 2, 2023Mr. Booker (for himself, Mrs. Gillibrand, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 9, United States Code, with respect to arbitration of disputes involving race discrimination.

1.

Short title

This Act may be cited as the Ending Forced Arbitration of Race Discrimination Act of 2023.

2.

Predispute arbitration of disputes involving race discrimination

(a)

In general

Title 9, United States Code, is amended by adding at the end the following:5

Arbitration of disputes involving race discrimination

Sec. 501. Definitions. 502. No validity or enforceability.

501.

Definitions

In this chapter:(1)

Predispute arbitration agreement; predispute joint-action waiver

The terms predispute arbitration agreement and predispute joint-action waiver have the meanings given the terms in section 401.(2)

Race discrimination dispute

The term race discrimination dispute means a dispute relating to conduct that is alleged to constitute discrimination (including harassment), or retaliation, on the basis of race, color, or national origin under applicable Federal, Tribal, State, or local law.

502.

No validity or enforceability

(a)

In general

Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a race discrimination dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, State, or local law and relates to the race discrimination dispute.(b)

Determination of applicability

An issue as to whether this chapter applies with respect to a dispute 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, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.

.(b)

Technical and conforming amendments

(1)

In general

Title 9, United States Code is amended—(A)in section 2, by inserting or 5 before the period at the end;(B)in section 208, in the second sentence, by inserting or 5 before the period at the end; and(C)in section 307, in the second sentence, by inserting or 5 before the period at the end.(2)

Table of chapters

The table of chapters for title 9, United States Code, is amended by adding at the end the following:5. Arbitration of disputes involving race discrimination501..

3.

Applicability

This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act.