Ending Forced Arbitration of Race Discrimination Act of 2023

Subjects: Law


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1408 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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 ``Ending Forced Arbitration of Race 
Discrimination Act of 2023''.

SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING RACE 
              DISCRIMINATION.

    (a) In General.--Title 9, United States Code, is amended by adding 
at the end the following:

   ``CHAPTER 5--ARBITRATION OF DISPUTES INVOLVING RACE DISCRIMINATION

``Sec.
``501. Definitions.
``502. No validity or enforceability.
``Sec. 501. Definitions
    ``In this chapter:
            ``(1) Predispute arbitration agreement; predispute joint-
        action waiver.--The terms `predispute arbitration agreement' 
        and `predispute joint-action waiver' have the meanings given 
        the terms in section 401.
            ``(2) Race discrimination dispute.--The term `race 
        discrimination dispute' means a dispute relating to conduct 
        that is alleged to constitute discrimination (including 
        harassment), or retaliation, on the basis of race, color, or 
        national origin under applicable Federal, Tribal, State, or 
        local law.
``Sec. 502. No validity or enforceability
    ``(a) In General.--Notwithstanding any other provision of this 
title, at the election of the person alleging conduct constituting a 
race discrimination dispute, or the named representative of a class or 
in a collective action alleging such conduct, no predispute arbitration 
agreement or predispute joint-action waiver shall be valid or 
enforceable with respect to a case which is filed under Federal, 
Tribal, State, or local law and relates to the race discrimination 
dispute.
    ``(b) Determination of Applicability.--An issue as to whether this 
chapter applies with respect to a dispute shall be determined under 
Federal law. The applicability of this chapter to an agreement to 
arbitrate and the validity and enforceability of an agreement to which 
this chapter applies shall be determined by a court, rather than an 
arbitrator, irrespective of whether the party resisting arbitration 
challenges the arbitration agreement specifically or in conjunction 
with other terms of the contract containing such agreement, and 
irrespective of whether the agreement purports to delegate such 
determinations to an arbitrator.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--Title 9, United States Code is amended--
                    (A) in section 2, by inserting ``or 5'' before the 
                period at the end;
                    (B) in section 208, in the second sentence, by 
                inserting ``or 5'' before the period at the end; and
                    (C) in section 307, in the second sentence, by 
                inserting ``or 5'' before the period at the end.
            (2) Table of chapters.--The table of chapters for title 9, 
        United States Code, is amended by adding at the end the 
        following:

``5.  Arbitration of disputes involving race discrimination.    501.''.

SEC. 3. APPLICABILITY.

    This Act, and the amendments made by this Act, shall apply with 
respect to any dispute or claim that arises or accrues on or after the 
date of enactment of this Act.
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