II 

118TH CONGRESS 

1ST SESSION S. 1408 

To amend title 9, United States Code, with respect to arbitration of disputes 

involving race discrimination. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2023 

Mr. BOOKER (for himself, Mrs. GILLIBRAND, and Mr. DURBIN) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend title 9, United States Code, with respect to 

arbitration of disputes involving race discrimination. 

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 Race Discrimination Act of 2023’’. 

6 SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLV7 ING RACE DISCRIMINATION. 

8 (a) IN GENERAL.—Title 9, United States Code, is 

9 amended by adding at the end the following: 


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•S 1408 IS

1 ‘‘CHAPTER 5—ARBITRATION OF DISPUTES 

2 INVOLVING RACE DISCRIMINATION 

‘‘Sec. 

‘‘501. Definitions. 

‘‘502. No validity or enforceability. 

3 ‘‘§ 501. Definitions 

4 ‘‘In this chapter: 

5 ‘‘(1) PREDISPUTE ARBITRATION AGREEMENT; 

6 PREDISPUTE JOINT-ACTION WAIVER.—The terms 

7 ‘predispute arbitration agreement’ and ‘predispute 

8 joint-action waiver’ have the meanings given the 

9 terms in section 401. 

10 ‘‘(2) RACE DISCRIMINATION DISPUTE.—The 

11 term ‘race discrimination dispute’ means a dispute 

12 relating to conduct that is alleged to constitute dis13 crimination (including harassment), or retaliation, 

14 on the basis of race, color, or national origin under 

15 applicable Federal, Tribal, State, or local law. 

16 ‘‘§ 502. No validity or enforceability 

17 ‘‘(a) IN GENERAL.—Notwithstanding any other pro18 vision of this title, at the election of the person alleging 

19 conduct constituting a race discrimination dispute, or the 

20 named representative of a class or in a collective action 

21 alleging such conduct, no predispute arbitration agree22 ment or predispute joint-action waiver shall be valid or 

23 enforceable with respect to a case which is filed under 


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•S 1408 IS

1 Federal, Tribal, State, or local law and relates to the race 

2 discrimination dispute. 

3 ‘‘(b) DETERMINATION OF APPLICABILITY.—An issue 

4 as to whether this chapter applies with respect to a dispute 

5 shall be determined under Federal law. The applicability 

6 of this chapter to an agreement to arbitrate and the valid7 ity and enforceability of an agreement to which this chap8 ter applies shall be determined by a court, rather than 

9 an arbitrator, irrespective of whether the party resisting 

10 arbitration challenges the arbitration agreement specifi11 cally or in conjunction with other terms of the contract 

12 containing such agreement, and irrespective of whether 

13 the agreement purports to delegate such determinations 

14 to an arbitrator.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) IN GENERAL.—Title 9, United States Code 

17 is amended— 

18 (A) in section 2, by inserting ‘‘or 5’’ before 

19 the period at the end; 

20 (B) in section 208, in the second sentence, 

21 by inserting ‘‘or 5’’ before the period at the 

22 end; and 

23 (C) in section 307, in the second sentence, 

24 by inserting ‘‘or 5’’ before the period at the 

25 end. 


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•S 1408 IS

1 (2) TABLE OF CHAPTERS.—The table of chap2 ters for title 9, United States Code, is amended by 

3 adding at the end the following: 

‘‘5. Arbitration of disputes involving race discrimination .............................................................................. 501.’’. 

4 SEC. 3. APPLICABILITY. 

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

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

7 or accrues on or after the date of enactment of this Act. 

Æ 


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