Ending Forced Arbitration of Sexual Harassment Act

To amend title 9 of the United States Code with respect to arbitration. 1. Short title This Act may be cited as the Ending Forced Arbitration of Sexual Harassment Act 2. Arbitration of employment disputes (a) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of Employment Disputes 401. Definitions In this chapter— (1) the term sex discrimination dispute 42 U.S.C. 2000e (2) the term predispute arbitration agreement 402. Validity and enforceability (a) In general Notwithstanding any other provision of this title, no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a sex discrimination dispute. (b) Applicability (1) In general An issue as to whether this chapter applies to an arbitration agreement 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. (2) Collective bargaining agreements Nothing in this chapter 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 an employee 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. . (b) Technical and conforming amendments (1) In general Title 9 of the United States Code is amended— (A) in section 1, by striking of seamen, interstate commerce (B) in section 2, by inserting or as otherwise provided in chapter 4 (C) in section 208— (i) in the section heading, by striking Chapter 1; residual application Application (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. (D) in section 307— (i) in the section heading, by striking Chapter 1; residual application Application (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. (2) Table of sections (A) Chapter 2 The table of sections for chapter 2 208. Application. . (B) Chapter 3 The table of sections for chapter 3 307. Application. . (3) Table of chapters The table of chapters for title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of employment disputes. . 3. Effective date This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date.

Summary: Ending Forced Arbitration of Sexual Harassment Act This bill prohibits a predispute arbitration agreement from being valid or enforceable if it requires arbitration of a sex discrimination dispute.