II 

115TH CONGRESS 

1ST SESSION S. 2203 

To amend title 9 of the United States Code with respect to arbitration. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2017 

Mrs. GILLIBRAND (for herself, Mr. GRAHAM, Ms. HARRIS, Ms. MURKOWSKI, 

Mr. DURBIN, Ms. HEITKAMP, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To amend title 9 of the United States Code with respect 

to arbitration. 

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 ‘‘Ending Forced Arbi5 tration of Sexual Harassment Act of 2017’’. 

6 SEC. 2. ARBITRATION OF EMPLOYMENT DISPUTES. 

7 (a) IN GENERAL.—Title 9 of the United States Code 

8 is amended by adding at the end the following: 


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•S 2203 IS

1 ‘‘CHAPTER 4—ARBITRATION OF SEX 

2 DISCRIMINATION DISPUTES 

‘‘Sec. 

‘‘401. Definitions. 

‘‘402. Validity and enforceability. 

3 ‘‘§ 401. Definitions 

4 ‘‘In this chapter— 

5 ‘‘(1) the term ‘predispute arbitration agree6 ment’ means any agreement to arbitrate a dispute 

7 that had not yet arisen at the time of the making 

8 of the agreement; and 

9 ‘‘(2) the term ‘sex discrimination dispute’ 

10 means a dispute between an employer and employee 

11 arising out of conduct that would form the basis of 

12 a claim based on sex under title VII of the Civil 

13 Rights Act of 1964 (42 U.S.C. 2000e et seq.) if the 

14 employment were employment by an employer (as 

15 defined in section 701(b) of that Act (42 U.S.C. 

16 2000e(b))), regardless of whether a violation of such 

17 title VII is alleged. 

18 ‘‘§ 402. Validity and enforceability 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (b)(2), and notwithstanding any other provision of this 

21 title, no predispute arbitration agreement shall be valid 

22 or enforceable if it requires arbitration of a sex discrimina23 tion dispute. 

24 ‘‘(b) APPLICABILITY.— 


SSpencer on DSKBBXCHB2PROD with BILLS
3 

•S 2203 IS

1 ‘‘(1) IN GENERAL.—An issue as to whether this 

2 chapter applies to an arbitration agreement shall be 

3 determined under Federal law. The applicability of 

4 this chapter to an agreement to arbitrate and the 

5 validity and enforceability of an agreement to which 

6 this chapter applies shall be determined by a court, 

7 rather than an arbitrator, irrespective of whether the 

8 party resisting arbitration challenges the arbitration 

9 agreement specifically or in conjunction with other 

10 terms of the contract containing such agreement. 

11 ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 

12 Nothing in this chapter shall apply to any arbitra13 tion provision in a contract between an employer and 

14 a labor organization or between labor organizations, 

15 except that no such arbitration provision shall have 

16 the effect of waiving the right of an employee to 

17 seek judicial enforcement of a right arising under a 

18 provision of the Constitution of the United States, a 

19 State constitution, or a Federal or State statute, or 

20 public policy arising therefrom.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) IN GENERAL.—Title 9 of the United States 

23 Code is amended— 


SSpencer on DSKBBXCHB2PROD with BILLS
4 

•S 2203 IS

1 (A) in section 2, by inserting ‘‘or as other2 wise provided in chapter 4’’ before the period at 

3 the end; 

4 (B) in section 208— 

5 (i) in the section heading, by striking 

6 ‘‘Chapter 1; residual application’’ 

7 and inserting ‘‘Application’’; and 

8 (ii) by adding at the end the fol9 lowing: ‘‘This chapter applies to the extent 

10 that this chapter is not in conflict with 

11 chapter 4.’’; and 

12 (C) in section 307— 

13 (i) in the section heading, by striking 

14 ‘‘Chapter 1; residual application’’ 

15 and inserting ‘‘Application’’; and 

16 (ii) by adding at the end the fol17 lowing: ‘‘This chapter applies to the extent 

18 that this chapter is not in conflict with 

19 chapter 4.’’. 

20 (2) TABLE OF SECTIONS.— 

21 (A) CHAPTER 2.—The table of sections for 

22 chapter 2 of title 9, United States Code, is 

23 amended by striking the item relating to section 

24 208 and inserting the following: 

‘‘208. Application.’’. 


SSpencer on DSKBBXCHB2PROD with BILLS
5 

•S 2203 IS

1 (B) CHAPTER 3.—The table of sections for 

2 chapter 3 of title 9, United States Code, is 

3 amended by striking the item relating to section 

4 307 and inserting the following: 

‘‘307. Application.’’. 

5 (3) TABLE OF CHAPTERS.—The table of chap6 ters for title 9, United States Code, is amended by 

7 adding at the end the following: 

‘‘4. Arbitration of sex discrimination disputes ...................... 401’’. 

8 SEC. 3. EFFECTIVE DATE. 

9 This Act, and the amendments made by this Act, 

10 shall take effect on the date of enactment of this Act and 

11 shall apply with respect to any dispute or claim that arises 

12 on or after such date. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS