116 
(1) any right that person would otherwise have 
had to report a concern about harassment, including 
sexual harassment, in employment or contracting or 
another violation of the law to the Commission, an-
other Federal agency (including an office of the leg-
islative or judicial branch), a State or local fair em-
ployment practices agency or any other State or 
local agency, or a law enforcement agency; and 
(2) any right that person would otherwise have 
had to bring an action in a court of the United 
States. 
(f) REGULATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), the Commission shall have 
authority to issue regulations to carry out this sec-
tion. 
(2) LIBRARIAN OF CONGRESS.—The Librarian 
of Congress shall have authority to issue regulations 
to carry out this section with respect to workers of 
the Library of Congress. 
(3) BOARD.—The Board referred to in sub-
section (c)(1)(C) shall have authority to issue regu-
lations to carry out this section, in accordance with 
section 304 of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1384), with respect to employees 
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117 
described in subsection (a)(4)(C) and covered indi-
viduals described in subsection (a)(3)(A)(iii). 
(4) PRESIDENT.—The President shall have au-
thority to issue regulations to carry out this section 
with respect to employees described in subsection 
(a)(4)(D) and covered individuals described in sub-
section (a)(3)(A)(iv). 
(g) STATE AND FEDERAL IMMUNITY.— 
(1) ABROGATION
OF
STATE
IMMUNITY.—A 
State shall not be immune under the 11th Amend-
ment to the Constitution from a suit brought in a 
Federal court of competent jurisdiction for a viola-
tion of this section. 
(2) WAIVER OF STATE IMMUNITY.— 
(A) IN GENERAL.— 
(i) WAIVER.—A State’s receipt or use 
of Federal financial assistance for any pro-
gram or activity of a State shall constitute 
a waiver of sovereign immunity, under the 
11th Amendment to the Constitution or 
otherwise, to a suit brought by a covered 
individual in that program or activity 
under this section for a remedy authorized 
under paragraph (4). 
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118 
(ii) DEFINITION.—In this subpara-
graph, the term ‘‘program or activity’’ has 
the meaning given the term in section 606 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000d–4a). 
(B) EFFECTIVE DATE.—With respect to a 
particular program or activity, subparagraph 
(A) applies to conduct occurring on or after the 
day, after the date of enactment of this Act, on 
which a State first receives or uses Federal fi-
nancial assistance for that program or activity. 
(3) REMEDIES AGAINST STATE OFFICIALS.—An 
official of a State may be sued in the official capac-
ity of the official by a covered individual who has 
complied with the applicable procedures of sub-
section (c), for equitable relief that is authorized 
under this section. In such a suit the court may 
award to the prevailing party those costs authorized 
by section 722 of the Revised Statutes (42 U.S.C. 
1988). 
(4) REMEDIES AGAINST THE UNITED STATES 
AND THE STATES.—Notwithstanding any other pro-
vision of this Act, in an action or administrative pro-
ceeding against the United States or a State for a 
violation of this section, remedies (including rem-
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119 
edies at law and in equity, and interest) are avail-
able for the violation to the same extent as the rem-
edies are available for a violation of title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
by an employer described in subsection (a)(5)(A), 
except that— 
(A) punitive damages are not available; 
and 
(B) compensatory damages are available to 
the extent specified in section 1977A(b) of the 
Revised Statutes (42 U.S.C. 1981a(b)). 
(h) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this section shall invalidate or limit the rights and rem-
edies available to workers under the National Labor Rela-
tions Act (29 U.S.C. 151 et seq.). 
SEC. 303. PROHIBITION ON MANDATORY ARBITRATION AND 
PROTECTION OF CONCERTED LEGAL ACTION. 
(a) PROTECTION OF CONCERTED ACTIVITY.— 
(1) AGREEMENTS.—Section 8(e) of the Na-
tional Labor Relations Act (29 U.S.C. 158(e)) is 
amended to read as follows: 
‘‘(e) Notwithstanding chapter 1 of title 9, United 
States Code (commonly known as the ‘Federal Arbitration 
Act’), or any other provision of law, it shall be an unfair 
labor practice under subsection (a)(1) for any employer— 
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‘‘(1) to enter into or attempt to enforce any 
agreement, express or implied, whereby prior to or 
after a dispute to which the agreement applies, an 
employee undertakes or promises not to pursue, 
bring, join, litigate, or support any kind of joint, 
class, or collective claim arising from or relating to 
the employment of such employee in any forum that, 
but for such agreement, is of competent jurisdiction; 
‘‘(2) to coerce an employee into undertaking or 
promising not to pursue, bring, join, litigate, or sup-
port any kind of joint, class, or collective claim aris-
ing from or relating to the employment of such em-
ployee; or 
‘‘(3) to retaliate or threaten to retaliate against 
an employee for refusing to undertake or promise 
not to pursue, bring, join, litigate, or support any 
kind of joint, class, or collective claim arising from 
or relating to the employment of such employee: 
Provided, That any agreement that violates this subsection 
or results from a violation of this subsection shall be to 
such extent unenforceable and void: Provided further, That 
this subsection shall not apply to any agreement embodied 
in or expressly permitted by a contract between an em-
ployer and a labor organization.’’. 
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121 
(2) 
CERTAIN
POSTDISPUTE
ARBITRATION 
AGREEMENTS.—Section 10(b) of the National Labor 
Relations Act (29 U.S.C. 160(b)) is amended by 
striking ‘‘discharge’’ and inserting ‘‘discharge, or 
unless the person aggrieved thereby is alleging a vio-
lation of section 8(e) whose charge involves a 
postdispute arbitration agreement that meets the re-
quirements under section 502(a)(2) of title 9, 
United States Code, in which event the six-month 
period shall be computed from the day the waiting 
period described in subparagraph (C) of such section 
ends’’. 
(b) ARBITRATION OF WORK DISPUTES.— 
(1) IN GENERAL.—Title 9, United States Code, 
is amended by adding at the end the following: 
‘‘CHAPTER 5—ARBITRATION OF WORK 
DISPUTES 
‘‘Sec. 
‘‘501. Definitions. 
‘‘502. Validity and enforceability. 
‘‘§ 501. Definitions 
‘‘In this chapter: 
‘‘(1) COMMERCE; EMPLOYEE; EMPLOYER.—The 
terms ‘commerce’, ‘employee’, and ‘employer’ have 
the meanings given the terms in section 3 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 203). 
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122 
‘‘(2) COVERED ENTITY.—The term ‘covered en-
tity’ means— 
‘‘(A) an employer; or 
‘‘(B) an individual or entity that is not 
acting as an employer and engages the services 
of a worker. 
‘‘(3) 
PRESDISPUTE
ARBITRATION
AGREE-
MENT.—The term ‘predispute arbitration agreement’ 
has the meaning given the term in section 401. 
‘‘(4) 
POSTDISPUTE
ARBITRATION
AGREE-
MENT.—The term ‘postdispute arbitration agree-
ment’ means any agreement to arbitrate a dispute 
that arose before the time of the making of the 
agreement. 
‘‘(5) WORKER.—The term ‘worker’ means— 
‘‘(A) an employee engaged in an activity 
affecting commerce; or 
‘‘(B) an individual, engaged in an activity 
affecting commerce, who is engaged by a cov-
ered entity to perform services or work as an 
independent contractor (regardless of the label 
or classification assigned or used by the covered 
entity). 
‘‘(6) WORK
DISPUTE.—The term ‘work dis-
pute’— 
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123 
‘‘(A) means a dispute between one or more 
workers (or their authorized representatives) 
and a covered entity arising out of or related to 
the work relationship or prospective work rela-
tionship between the workers and the covered 
entity; and 
‘‘(B) includes— 
‘‘(i) a dispute regarding the terms of, 
payment for, advertising of, recruitment of, 
referring of, arranging for, or discipline or 
discharge in connection with work per-
formed in connection with such work rela-
tionship; 
‘‘(ii) a dispute arising under any law 
referred to or described in section 62(e) of 
the Internal Revenue Code of 1986, includ-
ing any part of such a law not explicitly 
referenced in such section that relates to 
protecting individuals on a basis that is 
protected under a law referred to or de-
scribed in such section; and 
‘‘(iii) a dispute in which an individual 
or individuals seek certification— 
‘‘(I) as a class under rule 23 of 
the Federal Rules of Civil Procedure; 
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124 
‘‘(II) as a collective action under 
section 16(b) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 
216(b)); or 
‘‘(III) under a comparable rule or 
provision of State law. 
‘‘§ 502. No validity or enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title— 
‘‘(1) no predispute arbitration agreement shall 
be valid or enforceable if it requires arbitration of a 
work dispute; 
‘‘(2) no postdispute arbitration agreement that 
requires arbitration of a work dispute shall be valid 
or enforceable unless— 
‘‘(A) the agreement was not required by 
the covered entity, obtained by coercion or 
threat of adverse action, or made a condition of 
employment, work, or any employment-related 
or work-related privilege or benefit; 
‘‘(B) each worker entering into the agree-
ment was informed in writing using sufficiently 
plain language likely to be understood by the 
average worker of— 
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125 
‘‘(i) the right of the worker under 
paragraph (3) to refuse to enter the agree-
ment without retaliation; and 
‘‘(ii) as applicable, the protections 
under section 8(a)(6) of the National 
Labor 
Relations 
Act 
(29 
U.S.C. 
158(a)(6)); 
‘‘(C) each worker entering into the agree-
ment entered the agreement after a waiting pe-
riod of not fewer than 45 days, beginning on 
the date on which the employee was provided 
both the final text of the agreement and the 
disclosures required under subparagraph (B); 
and 
‘‘(D) each worker entering into the agree-
ment affirmatively consented to the agreement 
in writing; and 
‘‘(3) no covered entity may retaliate or threaten 
to retaliate against a worker for refusing to enter 
into an agreement that provides for arbitration of a 
work dispute. 
‘‘(b) STATUTE OF LIMITATIONS.—The statute of lim-
itations for bringing an action that arises from or forms 
the basis for the applicable work dispute shall be tolled 
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126 
during the waiting period described in subsection 
(a)(2)(C). 
‘‘(c) CIVIL ACTION.—Any person who is injured by 
reason of a violation of subsection (a)(3) may bring a civil 
action in the appropriate district court of the United 
States against the covered entity within 2 years of the vio-
lation, or within 3 years if such violation is willful. Relief 
granted in such an action shall include a reasonable attor-
ney’s fee, other reasonable costs associated with maintain-
ing the action, and any appropriate relief authorized by 
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–5(g)) or by section 1977A(b) of the Revised Stat-
utes (42 U.S.C. 1981a(b)). 
‘‘(d) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This chapter applies to cov-
ered entities and workers to the fullest extent per-
mitted by the Constitution of the United States, in-
cluding the work of persons engaged in domestic 
service in households, as described in section 2(a) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
202(a)). 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 en-
forceability of an agreement to which this chapter 
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127 
applies shall be determined by a court, rather than 
an arbitrator, regardless of whether any contractual 
provision purports to delegate such determinations 
to the arbitrator and 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 arbitra-
tion provision in a contract between a covered entity 
and a labor organization, except that no such arbi-
tration 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, the constitution of a State, or a 
Federal or State statute, or public policy arising 
therefrom.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) IN GENERAL.—Title 9 of the United 
States Code is amended— 
(i) in section 1, by striking ‘‘of sea-
men,’’ and all that follows through ‘‘inter-
state commerce’’; 
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128 
(ii) in section 2, by inserting ‘‘or 5’’ 
before the period at the end; 
(iii) in section 208, in the second sen-
tence, by inserting ‘‘or 5’’ before the period 
at the end; and 
(iv) in section 307, in the second sen-
tence, by inserting ‘‘or 5’’ before the period 
at the end; 
(B) 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 work disputes .................................................
501.’’. 
(c) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on the date 
of enactment of this Act and shall apply with respect to 
any dispute or claim that arises or accrues on or after 
such date, including any dispute or claim to which an 
agreement predating such date applies. 
SEC. 304. FEDERAL CONTRACTOR COMPLIANCE WITH 
LABOR AND CIVIL RIGHTS LAWS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED CONTRACT.—The term ‘‘covered 
contract’’ means a Federal contract for the procure-
ment of property or services, including construction, 
valued in excess of $500,000. 
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129 
(2) COVERED SUBCONTRACT.—The term ‘‘cov-
ered subcontract’’— 
(A) means a subcontract for property or 
services under a Federal contract that is valued 
in excess of $500,000; and 
(B) does not include a subcontract for the 
procurement of commercially available off-the- 
shelf items. 
(3) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given the term in section 
133 of title 41, United States Code. 
(b) REQUIRED PRE-CONTRACT AWARD ACTIONS.— 
(1) DISCLOSURES.—The head of an executive 
agency shall ensure that the solicitation for a cov-
ered contract requires the offeror— 
(A) to represent, to the best of the 
offeror’s knowledge and belief, whether there 
has been any administrative merits determina-
tion, arbitral award or decision, or civil judg-
ment, as defined in guidance issued by the Sec-
retary of Labor, rendered against the offeror in 
the preceding 3 years for violations of— 
(i) the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.); 
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130 
(ii) the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et 
seq.); 
(iii) the Migrant and Seasonal Agri-
cultural Worker Protection Act (29 U.S.C. 
1801 et seq.); 
(iv) the National Labor Relations Act 
(29 U.S.C. 151 et seq.); 
(v) subchapter IV of chapter 31 of 
title 40, United States Code (commonly 
known as the ‘‘Davis-Bacon Act’’); 
(vi) chapter 67 of title 41, United 
States Code (commonly known as the 
‘‘Service Contract Act’’); 
(vii) section 503 or 505 of the Reha-
bilitation Act of 1973 (29 U.S.C. 793 or 
794a); 
(viii) section 4212 of title 38, United 
States Code; 
(ix) the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2601 et seq.); 
(x) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(xi) the Pregnant Workers Fairness 
Act (42 U.S.C. 2000gg et seq.); 
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131 
(xii) title I and section 503 (for viola-
tions with respect to that title) of the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12111 et seq.; 12203); 
(xiii) the Age Discrimination in Em-
ployment Act of 1967 (29 U.S.C. 621 et 
seq.); 
(xiv) title II of the Genetic Informa-
tion Nondiscrimination Act of 2008 (42 
U.S.C. 2000ff et seq.); 
(xv) Executive Order 13658 (79 Fed. 
Reg. 9851; relating to establishing a min-
imum wage for contractors); or 
(xvi) equivalent State laws, as defined 
in guidance issued by the Secretary of 
Labor; 
(B) to require each subcontractor for a 
covered subcontract— 
(i) to represent to the offeror, and the 
executive agency’s Labor Compliance Advi-
sor designated under subsection (d), to the 
best of the subcontractor’s knowledge and 
belief, whether there has been any adminis-
trative 
merits 
determination, 
arbitral 
award or decision, or civil judgment, as de-
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132 
fined in guidance issued by the Secretary 
of Labor, rendered against the subcon-
tractor in the preceding 3 years for viola-
tions of any of the labor or civil rights laws 
listed under subparagraph (A); and 
(ii) to update such information every 
6 months for the duration of the sub-
contract; and 
(C) to consider the advice rendered by the 
executive agency’s Labor Compliance Advisor 
designated under subsection (d), or information 
submitted by a subcontractor pursuant to sub-
paragraph (B), in determining whether the sub-
contractor is a responsible source with a satis-
factory record of integrity and business ethics— 
(i) prior to awarding the subcontract; 
or 
(ii) in the case of a subcontract that 
is awarded or will become effective within 
5 days of the prime contract being award-
ed, not later than 30 days after awarding 
the subcontract. 
(2) PRE-AWARD CORRECTIVE MEASURES.— 
(A) IN GENERAL.—A contracting officer, 
prior to awarding a covered contract, shall, as 
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133 
part of the responsibility determination, provide 
an offeror who makes a disclosure pursuant to 
paragraph (1) an opportunity to report any 
steps taken to correct the violations of or im-
prove compliance with the labor or civil rights 
laws listed in subparagraph (A) of such para-
graph, including any agreements entered into 
with an enforcement agency. 
(B) CONSULTATION.—The executive agen-
cy’s Labor Compliance Advisor designated 
under subsection (d), in consultation with rel-
evant enforcement agencies, shall advise the 
contracting officer whether agreements are in 
place or are otherwise needed to address appro-
priate remedial measures, compliance assist-
ance, steps to resolve issues to avoid further 
violations, or other related matters concerning 
the offeror. 
(C) RESPONSIBILITY
DETERMINATION.— 
The contracting officer, in consultation with the 
executive agency’s Labor Compliance Advisor 
designated under subsection (d), shall consider 
information provided by the offeror under this 
subsection in determining whether the offeror is 
a responsible source with a satisfactory record 
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134 
of integrity and business ethics. The determina-
tion shall be based on the guidance reissued 
under subsection (e)(2)(A) and the final rule 
reissued under subsection (e)(1). 
(3) REFERRAL OF INFORMATION TO SUSPEN-
SION AND DEBARMENT OFFICIALS.—As appropriate, 
contracting officers, in consultation with their execu-
tive agency’s Labor Compliance Advisor, shall refer 
matters related to information provided under sub-
paragraphs (A) and (B) of paragraph (1) to the ex-
ecutive agency’s suspension and debarment official 
in accordance with agency procedures. 
(c) POST-AWARD CONTRACT ACTIONS.— 
(1) INFORMATION UPDATES.—The contracting 
officer for a covered contract shall require that the 
contractor update the information provided under 
subparagraphs (A) and (B) of subsection (b)(1) 
every 6 months. 
(2) CORRECTIVE ACTIONS.— 
(A) PRIME
CONTRACT.—The contracting 
officer, in consultation with the Labor Compli-
ance Advisor designated pursuant to subsection 
(d), shall determine whether any information 
provided under paragraph (1) warrants correc-
tive action. Such action may include— 
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135 
(i) an agreement requiring appro-
priate remedial measures; 
(ii) compliance assistance; 
(iii) resolving issues to avoid further 
violations; 
(iv) the decision not to exercise an op-
tion on a contract or to terminate the con-
tract; or 
(v) referral to the agency suspending 
and debarring official. 
(B) SUBCONTRACTS.—The prime con-
tractor for a covered contract, in consultation 
with the Labor Compliance Advisor, shall deter-
mine whether any information provided under 
subsection (b)(1)(B) warrants corrective action, 
including remedial measures, compliance assist-
ance, and resolving issues to avoid further viola-
tions. 
(C) DEPARTMENT OF LABOR.—The Sec-
retary of Labor shall, as appropriate, inform 
executive agencies of its investigations of con-
tractors and subcontractors on covered con-
tracts for purposes of determining the appro-
priateness of actions described under subpara-
graphs (A) and (B). 
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136 
(d) LABOR COMPLIANCE ADVISORS.— 
(1) IN GENERAL.—Each executive agency shall 
designate a senior official to act as the agency’s 
Labor Compliance Advisor. 
(2) DUTIES.—The Labor Compliance Advisor 
shall— 
(A) meet quarterly with the Deputy Sec-
retary, Deputy Administrator, or equivalent ex-
ecutive agency official with regard to matters 
covered under this section; 
(B) work with the acquisition workforce, 
agency officials, and agency contractors to pro-
mote greater awareness and understanding of 
the requirements of the labor and civil rights 
laws listed in subsection (b)(1)(A), including 
recordkeeping, reporting, and notice require-
ments, as well as best practices for obtaining 
compliance with these requirements; 
(C) coordinate assistance for executive 
agency contractors seeking help in addressing 
and preventing violations of such laws; 
(D) in consultation with the Secretary of 
Labor or other relevant enforcement agencies, 
and pursuant to subsection (b)(2) as necessary, 
provide assistance to contracting officers re-
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137 
garding appropriate actions to be taken in re-
sponse to violations of the labor or civil rights 
laws listed in subsection (b)(1)(A) identified 
prior to or after contracts are awarded, and ad-
dress complaints in a timely manner, by— 
(i) providing assistance to contracting 
officers and other executive agency officials 
in reviewing the information provided 
under paragraphs (1) and (2) of subsection 
(b) and subsection (c)(1), or other infor-
mation indicating such a violation, in order 
to assess the serious, repeated, willful, or 
pervasive nature of any such violation and 
evaluate steps contractors have taken to 
correct such violations or improve compli-
ance with relevant requirements; 
(ii) helping agency officials determine 
the appropriate response to address viola-
tions of the labor or civil rights laws listed 
in subsection (b)(1)(A) or other informa-
tion indicating such a violation (particu-
larly a serious, repeated, willful, or perva-
sive violation), including an agreement re-
quiring appropriate remedial measures, a 
decision not to award a contract or exer-
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(d) APPLICATIONS.— 
(1) IN GENERAL.—An eligible entity seeking a 
grant under this section shall submit an application 
for such grant to the Director in accordance with 
this subsection. 
(2) PARTNERSHIPS.—Multiple eligible entities 
may submit a joint application under this subsection 
that designates a single entity as the lead entity for 
the purposes of receiving and disbursing funds re-
ceived through a grant under this section. 
(3) CONTENTS.—An application under this sub-
section shall include— 
(A) a description of a plan for the program 
that the eligible entity proposes to carry out 
with a grant under this section, including a 
long-term strategy and detailed implementation 
plan; 
(B) information on the prevalence of viola-
tions of prohibitions on employment discrimina-
tion, including harassment, in the population 
served by the eligible entity; 
(C) information on any industry or geo-
graphic area targeted by the plan for such pro-
gram; 
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