II

104TH CONGRESS

1ST SESSION S. 366

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

FEBRUARY 7 (legislative day, JANUARY 30), 1995

Mr. FEINGOLD introduced the following bill; which was read twice and

referred to the Committee on Labor and Human Resources

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 1995’’.
2

•S 366 IS

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 new section:

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 new section 16:

23 ‘‘EXCLUSIVITY OF POWERS AND PROCEDURES

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

25 general applicability that would modify any of the powers

26 and procedures expressly applicable to a right or claim
3

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1 arising under this Act, such powers and procedures shall

2 be the exclusive powers and procedures applicable to such

3 right or such claim unless after such right or such claim

4 arises the claimant voluntarily enters into an agreement

5 to resolve such right or such claim through arbitration or

6 another procedure.’’.

7 SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF

8 1973.

9 Section 505 of the Rehabilitation Act of 1973 (29

10 U.S.C. 795) is amended by adding at the end the following

11 new subsection:

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

13 applicability that would modify any of the procedures ex14 pressly applicable to a claim based on right under section

15 501, such procedures shall be the exclusive procedures ap16 plicable to such claim 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. 5. AMENDMENT TO THE AMERICANS WITH DISABIL20 ITIES ACT OF 1990.

21 Section 107 of the Americans with Disabilities Act

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

23 end the following new subsection:

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

25 applicability that would modify any of the powers and pro-
4

•S 366 IS

1 cedures expressly applicable to a claim based on a violation

2 described in subsection (a), such powers and procedures

3 shall be the exclusive powers and procedures applicable to

4 such claim unless after such claim arises the claimant vol5 untarily enters into an agreement to resolve such claim

6 through arbitration or another procedure.’’.

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

8 STATUTES OF THE UNITED STATES.

9 Section 1977 of the Revised Statutes (42 U.S.C.

10 1981) is amended by adding at the end the following new

11 subsection:

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

13 applicability that would modify any of the procedures ex14 pressly applicable to a right to make and enforce a con15 tract of employment under this section, such procedures

16 shall be the exclusive procedures applicable to a claim

17 based on such right unless after such claim arises the

18 claimant voluntarily enters into an agreement to resolve

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

20 SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT

21 UNDER THE FAIR LABOR STANDARDS ACT OF

22 1938.

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

24 1938 (29 U.S.C. 206(d)) is amended by adding at the end

25 the following new paragraph:
5

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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. 2601 et seq.) is amended by adding at

13 the end the following new section:

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 a right provided

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

19 such procedures shall be the exclusive procedures applica20 ble to such claim unless after such claim arises the claim21 ant voluntarily enters into an agreement to resolve such

22 claim through arbitration or another procedure.’’.
6

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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 amend4 ed—

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

6 (2) by adding at the end the following new sub7 section:

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

9 claim of unlawful discrimination in employment if such

10 claim arises from discrimination based on race, color, reli11 gion, sex, national origin, age, or disability.’’.

12 SEC. 10. APPLICATION OF AMENDMENTS.

13 The amendments made by this Act shall apply with

14 respect to claims arising on and after the date of the en15 actment of this Act.

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