I

106TH CONGRESS

1ST SESSION H. R. 872

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 HOUSE OF REPRESENTATIVES

FEBRUARY 25, 1999

Mr. MARKEY (for himself and Mrs. MORELLA) introduced the following bill;

which was referred to the Committee on Education and the Workforce,

and in addition to the Committee on the Judiciary, for a period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jurisdiction of the committee concerned

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Civil Rights Proce5 dures Protection Act of 1999’’.
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1 SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS

2 ACT OF 1964.

3 Title VII of the Civil Rights Act of 1964 (42 U.S.C.

4 2000e et seq.) is amended by adding at the end the follow5 ing:

6 ‘‘EXCLUSIVITY OF POWERS AND PROCEDURES

7 ‘‘SEC. 719. Notwithstanding any Federal statute of

8 general applicability that would modify any of the powers

9 and procedures expressly applicable to a claim arising

10 under this title, such powers and procedures shall be the

11 exclusive powers and procedures applicable to such claim

12 unless after such claim arises the claimant voluntarily en13 ters into an agreement to resolve such claim through arbi14 tration or another procedure.’’.

15 SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EM16 PLOYMENT ACT OF 1967.

17 The Age Discrimination in Employment Act of 1967

18 (29 U.S.C. 621 et seq.) is amended—

19 (1) by redesignating sections 16 and 17 as sec20 tions 17 and 18, respectively, and

21 (2) by inserting after section 15 the following:

22 ‘‘EXCLUSIVITY OF POWERS AND PROCEDURES

23 ‘‘SEC. 16. Notwithstanding any Federal statute of

24 general applicability that would modify any of the powers

25 and procedures expressly applicable to a right or claim

26 arising under this Act, such powers and procedures shall
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1 be the exclusive powers and procedures applicable to such

2 right or such claim unless after such right or such claim

3 arises the claimant voluntarily enters into an agreement

4 to resolve such right or such claim through arbitration or

5 another procedure.’’.

6 SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF

7 1973.

8 Section 505 of the Rehabilitation Act of 1973 (29

9 U.S.C. 794a) is amended by adding at the end the follow10 ing:

11 ‘‘(c) Notwithstanding any Federal statute of general

12 applicability that would modify any of the procedures ex13 pressly applicable to a claim based on right under section

14 501, such procedures shall be the exclusive procedures ap15 plicable to such claim unless after such claim arises the

16 claimant voluntarily enters into an agreement to resolve

17 such claim through arbitration or another procedure.’’.

18 SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABIL19 ITIES ACT OF 1990.

20 Section 107 of the Americans with Disabilities Act

21 of 1990 (42 U.S.C. 12117) is amended by adding at the

22 end the following:

23 ‘‘(c) Notwithstanding any Federal statute of general

24 applicability that would modify any of the powers and pro25 cedures expressly applicable to a claim based on a violation
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1 described in subsection (a), such powers and procedures

2 shall be the exclusive powers and procedures applicable to

3 such claim unless after such claim arises the claimant vol4 untarily enters into an agreement to resolve such claim

5 through arbitration or another procedure.’’.

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

7 STATUTES OF THE UNITED STATES.

8 Section 1977 of the Revised Statutes of the United

9 States (42 U.S.C. 1981) is amended by adding at the end

10 the following:

11 ‘‘(d) Notwithstanding any Federal statute of general

12 applicability that would modify any of the procedures ex13 pressly applicable to a right to make and enforce a con14 tract of employment under this section, such procedures

15 shall be the exclusive procedures applicable to a claim

16 based on such right unless after such claim arises the

17 claimant voluntarily enters into an agreement to resolve

18 such claim through arbitration or another procedure.’’.

19 SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT

20 UNDER THE FAIR LABOR STANDARDS ACT OF

21 1938.

22 Section 6(d) of the Fair Labor Standards Act of

23 1938 (29 U.S.C. 206(d)) is amended by adding at the end

24 the following:
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1 ‘‘(5) Notwithstanding any Federal statute of general

2 applicability that would modify any of the powers or proce3 dures expressly applicable to a claim based on violation

4 of this subsection, such powers and procedures shall be

5 the exclusive procedures applicable to such claim unless

6 after such claim arises the claimant voluntarily enters into

7 an agreement to resolve such claim through arbitration or

8 another procedure.’’.

9 SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE

10 ACT OF 1993.

11 Title IV of the Family and Medical Leave Act of

12 1993 (29 U.S.C. 2651 et seq.) is amended by adding at

13 the end the following:

14 ‘‘SEC. 406. EXCLUSIVITY OF REMEDIES.

15 ‘‘Notwithstanding any Federal statute of general ap16 plicability that would modify any of the procedures ex17 pressly applicable to a claim based on right provided under

18 this Act or under an amendment made by this Act, such

19 procedures shall be the exclusive procedures applicable to

20 such claim unless after such claim arises the claimant vol21 untarily enters into an agreement to resolve such claim

22 through arbitration or another procedure.’’.
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1 SEC. 9. AMENDMENT TO TITLE 9 OF THE UNITED STATES

2 CODE.

3 Section 14 of title 9, United States Code, is

4 amended—

5 (1) by inserting ‘‘(a)’’ before ‘‘This’’, and

6 (2) by adding at the end the following:

7 ‘‘(b) This chapter shall not apply with respect to a

8 claim of unlawful discrimination in employment if such

9 claim arises from discrimination based on race, color, reli10 gion, sex, national origin, age, or disability.’’.

11 SEC. 10. APPLICATION OF AMENDMENTS.

12 The amendments made by this Act shall apply with

13 respect to claims arising on and after the date of the en14 actment of this Act.

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