I

105TH CONGRESS

1ST SESSION H. R. 983

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

MARCH 6, 1997

Mr. MARKEY (for himself, Mrs. MORELLA, Ms. ESHOO, Mr. JACKSON of Illinois, Ms. FURSE, Mr. GONZALEZ, Mr. BERMAN, Mr. OLVER, Ms. PELOSI,

Ms. EDDIE BERNICE JOHNSON of Texas, Mr. TIERNEY, Mr. FROST, Mr.

DELLUMS, Mr. VENTO, Mr. FRANK of Massachusetts, Mr. FLAKE, Mr.

STARK, Mr. RUSH, Mr. NADLER, Mr. ROMERO-BARCELO ́, Mr.

FALEOMAVAEGA, Mr. FATTAH, and Ms. NORTON) 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Civil Rights Proce3 dures Protection Act of 1996’’.

4 SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS

5 ACT OF 1964.

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

7 2000e et seq.) is amended by adding at the end the follow8 ing:

9 ‘‘EXCLUSIVITY OF POWERS AND PROCEDURES

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

11 general applicability that would modify any of the powers

12 and procedures expressly applicable to a claim arising

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

14 exclusive powers and procedures applicable to such claim

15 unless after such claim arises the claimant voluntarily en16 ters into an agreement to resolve such claim through arbi17 tration or another procedure.’’.

18 SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EM19 PLOYMENT ACT OF 1967.

20 The Age Discrimination in Employment Act of 1967

21 (29 U.S.C. 621 et seq.) is amended—

22 (1) by redesignating sections 16 and 17 as sec23 tions 17 and 18, respectively, and

24 (2) by inserting after section 15 the following:
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1 ‘‘EXCLUSIVITY OF POWERS AND PROCEDURES

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

3 general applicability that would modify any of the powers

4 and procedures expressly applicable to a right or claim

5 arising under this Act, such powers and procedures shall

6 be the exclusive powers and procedures applicable to such

7 right or such claim unless after such right or such claim

8 arises the claimant voluntarily enters into an agreement

9 to resolve such right or such claim through arbitration or

10 another procedure.’’.

11 SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF

12 1973.

13 Section 505 of the Rehabilitation Act of 1973 (29

14 U.S.C. 794a) is amended by adding at the end the follow15 ing:

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

17 applicability that would modify any of the procedures ex18 pressly applicable to a claim based on right under section

19 501, such procedures shall be the exclusive procedures ap20 plicable to such claim unless after such claim arises the

21 claimant voluntarily enters into an agreement to resolve

22 such claim through arbitration or another procedure.’’.
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1 SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABIL2 ITIES ACT OF 1990.

3 Section 107 of the Americans with Disabilities Act

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

5 end the following:

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

7 applicability that would modify any of the powers and pro8 cedures expressly applicable to a claim based on a violation

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

10 shall be the exclusive powers and procedures applicable to

11 such claim unless after such claim arises the claimant vol12 untarily enters into an agreement to resolve such claim

13 through arbitration or another procedure.’’.

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

15 STATUTES OF THE UNITED STATES.

16 Section 1977 of the Revised Statutes of the United

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

18 the following:

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

20 applicability that would modify any of the procedures ex21 pressly applicable to a right to make and enforce a con22 tract of employment under this section, such procedures

23 shall be the exclusive procedures applicable to a claim

24 based on such right unless after such claim arises the

25 claimant voluntarily enters into an agreement to resolve

26 such claim through arbitration or another procedure.’’.
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1 SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT

2 UNDER THE FAIR LABOR STANDARDS ACT OF

3 1938.

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

5 1938 (29 U.S.C. 206(d)) is amended by adding at the end

6 the following:

7 ‘‘(5) Notwithstanding any Federal statute of general

8 applicability that would modify any of the powers or proce9 dures expressly applicable to a claim based on violation

10 of this subsection, such powers and procedures shall be

11 the exclusive procedures applicable to such claim unless

12 after such claim arises the claimant voluntarily enters into

13 an agreement to resolve such claim through arbitration or

14 another procedure.’’.

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

16 ACT OF 1993.

17 Title IV of the Family and Medical Leave Act of

18 1993 (29 U.S.C. 2651 et seq.) is amended by adding at

19 the end the following:

20 ‘‘SEC. 406. EXCLUSIVITY OF REMEDIES.

21 ‘‘Notwithstanding any Federal statute of general ap22 plicability that would modify any of the procedures ex23 pressly applicable to a claim based on right provided under

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

25 procedures shall be the exclusive procedures applicable to
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1 such claim unless after such claim arises the claimant vol2 untarily enters into an agreement to resolve such claim

3 through arbitration or another procedure.’’.

4 SEC. 9. AMENDMENT TO TITLE 9 OF THE UNITED STATES

5 CODE.

6 Section 14 of title 9, United States Code, is amend7 ed—

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

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

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

11 claim of unlawful discrimination in employment if such

12 claim arises from discrimination based on race, color, reli13 gion, sex, national origin, age, or disability.’’.

14 SEC. 10. APPLICATION OF AMENDMENTS.

15 The amendments made by this Act shall apply with

16 respect to claims arising on and after the date of the en17 actment of this Act.

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