COVID–19 Justice and Accountability Act

To provide a cause of action for violations of laws related to COVID–19, and for other purposes. 1. Short title This Act may be cited as the COVID–19 Justice and Accountability Act 2. Cause of action for violations of COVID–19 laws Notwithstanding any other provision of law, an individual may bring a cause of action in the appropriate district court of the United States against any person who violates or fails to comply with a requirement under the CARES Act ( Public Law 116–136 Public Law 116–127 Public Law 116–260 3. Temporary suspension of arbitration (a) In general Notwithstanding any other provision of this law, during the covered emergency period no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute. (b) Applicability (1) In general An issue as to whether this section applies with respect to a dispute shall be determined under Federal law. The applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section 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. (2) Collective bargaining agreements Nothing in this section shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom. (c) Definitions In this section: (1) The term covered emergency period 50 U.S.C. 1601 (2) The term antitrust dispute (A) arising from an alleged violation of the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act) or State antitrust laws; and (B) in which the plaintiffs seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law. (3) The term civil rights dispute (A) arising from an alleged violation of— (i) the Constitution of the United States or the constitution of a State; and (ii) any Federal, State, or local law that prohibits discrimination on the basis of race, sex, age, gender identity, sexual orientation, disability, religion, national origin, or any legally protected status in education, employment, credit, housing, public accommodations and facilities, voting, veterans or servicemembers, health care, or a program funded or conducted by the Federal Government or State government, including any law referred to or described in section 62(e) (B) in which at least one party alleging a violation described in subparagraph (A) is one or more individuals (or their authorized representative), including one or more individuals seeking certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law. (4) The term consumer dispute (A) one or more individuals who seek or acquire real or personal property, services (including services related to digital technology), securities or other investments, money, or credit for personal, family, or household purposes including an individual or individuals who seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; and (B) (i) the seller or provider of such property, services, securities or other investments, money, or credit; or (ii) a third party involved in the selling, providing of, payment for, receipt or use of information about, or other relationship to any such property, services, securities or other investments, money, or credit. (5) The term employment dispute section 62(e) (6) The term predispute arbitration agreement (7) The term predispute joint-action waiver (d) Application This section shall apply with respect to any dispute or claim that arises or accrues on or after the date on which the covered emergency period began. (e) Rule of construction Nothing in this section shall be construed to prohibit the use of arbitration on a voluntary basis after the dispute arises.

Summary: COVID-19 Justice and Accountability Act This bill provides a cause of action for harm suffered as a result of a violation of certain federal laws relating to COVID-19 (i.e., coronavirus disease 2019) and suspends certain predispute arbitration agreements and joint-action waivers during the COVID-19 public health emergency. Specifically, individuals may bring a cause of action in U.S. district court against any person for harm suffered as a result of a violation of, or a failure to comply with, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Families First Coronavirus Response Act, or the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Further, during the COVID-19 public health emergency period and 180 days thereafter, no predispute arbitration agreement or joint-action waiver (an agreement to waive the right to participate in a joint, class, or collective action) is valid or enforceable with respect to employment, consumer, antitrust, or civil rights disputes.