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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2012 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2012

 To amend the Civil Rights Act of 1964 and other civil rights laws to 
 prohibit employers from requiring employees to submit claims relating 
         to employment discrimination to mandatory arbitration.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               April 13 (legislative day, April 11), 1994

  Mr. Feingold introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Civil Rights Act of 1964 and other civil rights laws to 
 prohibit employers from requiring employees to submit claims relating 
         to employment discrimination to mandatory 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 ``Protection From Coercive Employment 
Agreements Act''.

SEC. 2. CIVIL RIGHTS ACT OF 1964.

    (a) In General.--Section 704 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e-3) is amended by adding at the end the following:
    ``(c) It shall be an unlawful employment practice for an employer 
to--
            ``(1) fail or refuse to hire or to discharge any 
        individual, or otherwise to discriminate against any individual 
        with respect to the compensation, terms, conditions, or 
        privileges of employment of the individual, because the 
        individual refuses to submit any claim under this title to 
        mandatory arbitration; or
            ``(2) make the submission of such claim to mandatory 
        arbitration a condition of the hiring, continued employment, or 
        compensation, or a term, condition, or privilege of employment, 
        of the individual.''.
    (b) Federal Government Employment.--Section 717(a) of such Act (42 
U.S.C. 2000e-16(a)) is amended by striking the period and inserting the 
following: ``, including any unlawful employment practice described in 
section 704(c).''.

SEC. 3. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    (a) In General.--Section 4 of the Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection 
(f) the following:
    ``(g) It shall be unlawful for an employer to--
            ``(1) fail or refuse to hire or to discharge any 
        individual, or otherwise to discriminate against any individual 
        with respect to the compensation, terms, conditions, or 
        privileges of employment of the individual, because the 
        individual refuses to submit any claim under this Act to 
        mandatory arbitration; or
            ``(2) make the submission of such claim to mandatory 
        arbitration a condition of the hiring, continued employment, or 
        compensation, or a term, condition, or privilege of employment, 
        of the individual.''.
    (b) Federal Government Employment.--Section 15(a) of such Act (29 
U.S.C. 633a(a)) is amended by striking the period and inserting the 
following: ``, including any unlawful practice described in section 
4(g).''.

SEC. 4. AMERICANS WITH DISABILITIES ACT OF 1990.

    Section 102 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12112) is amended--
            (1) in subsection (b)--
                    (A) at the end of paragraph (6), by striking 
                ``and'';
                    (B) in paragraph (7), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(8) conducting an act prohibited by subsection (c).'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c) Prohibition on Required Submission to Mandatory 
Arbitration.--No covered entity shall discriminate against a qualified 
individual with a disability--
            ``(1) in regard to job application procedures, the hiring, 
        advancement, or discharge of employees, employee compensation, 
        job training, and other terms, conditions, and privileges of 
        employment, because the individual refuses to submit any claim 
        under this title to mandatory arbitration; or
            ``(2) by making the submission of such claim to mandatory 
        arbitration a condition of the eligibility to apply for 
        employment, hiring, advancement, continued employment, employee 
        compensation, or job training, or a term, condition, or 
        privilege of employment, of the individual.''.

SEC. 5. REHABILITATION ACT OF 1973.

    (a) Employment by Departments, Agencies, and Instrumentalities.--
Section 501(b) of the Rehabilitation Act of 1973 (29 U.S.C. 791(b)) is 
amended by inserting after the first sentence the following: ``Such 
plan shall include provisions prohibiting the department, agency, or 
instrumentality from conducting any discrimination prohibited under 
section 102(c) of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12112(c)) with respect to a claim under this section.''.
    (b) Employment Under Federal Contracts.--Section 503(a) of the 
Rehabilitation Act of 1973 (29 U.S.C. 793(a)) is amended by inserting 
after the first sentence the following: ``Such contract shall include 
provisions prohibiting the party from conducting any discrimination 
prohibited under section 102(c) of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12112(c)) with respect to a claim under this 
section.''.

SEC. 6. REVISED STATUTES.

    Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) With respect to contracts relating to employment between such 
a person and another individual or entity, no such individual or entity 
shall--
            ``(1) fail or refuse to hire or to discharge the person, or 
        otherwise to discriminate against the person with respect to 
        the compensation, terms, conditions, or privileges of 
        employment of the person, because the person refuses to submit 
        any claim under this section to mandatory arbitration; or
            ``(2) make the submission of such claim to mandatory 
        arbitration a condition of the hiring, continued employment, or 
        compensation, or a term, condition, or privilege of employment, 
        of the person.''.

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