‘‘(1) shall be construed to include an individual 
whose operations affect commerce and who is a pro-
vider of a good, service, or program; and 
‘‘(2) shall not be construed to be limited to a 
physical facility or place. 
‘‘SEC. 210. CLAIMS. 
‘‘The Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.) shall not provide a claim con-
cerning, or a defense to a claim under this title or provide 
a basis for challenging the application or enforcement of 
this title.’’. 
SEC. 7. STRICT VICARIOUS EMPLOYER LIABILITY AND 
FARAGHER-ELLERTH AFFIRMATIVE DEFENSE 
REMOVED. 
Section 706 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–5 et seq.) is amended by adding at the end 
the following: 
‘‘(l) An employer shall be liable for any act of dis-
crimination prohibited under this title (including harass-
ment, intimidation, or retaliation) committed by any of its 
employees. 
‘‘(m) It shall not be a defense to a claim under this 
title or provide a basis for challenging the application or 
enforcement of this title— 
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‘‘(1) that an employer exercised reasonable care 
in attempting to prevent or took corrective action re-
garding any act of discrimination on the basis of sex 
(including intimidation, harassment, or retaliation); 
‘‘(2) that adverse employment action was not 
taken by such an employer; or 
‘‘(3) that an employee affected by that act did 
not take advantage of preventive opportunities to 
avoid harm.’’. 
SEC. 8. ARBITRATION OF EMPLOYMENT, CONSUMER, AND 
CIVIL RIGHTS DISPUTES. 
(a) PURPOSES.—The purposes of this section are 
to— 
(1) prohibit predispute arbitration agreements 
that force arbitration of future employment, con-
sumer, or civil rights disputes; and 
(2) prohibit agreements and practices that 
interfere with the right of individuals, workers, and 
small businesses to participate in a joint, class, or 
collective action related to an employment, con-
sumer, or civil rights dispute. 
(b) IN GENERAL.—Title 9 of the United States Code 
is amended by adding at the end the following: 
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‘‘CHAPTER 4—ARBITRATION OF EMPLOY-
MENT, CONSUMER, AND CIVIL RIGHTS 
DISPUTES 
‘‘SEC. 401. DEFINITIONS. 
‘‘In this chapter— 
‘‘(1) the term ‘civil rights dispute’ means a dis-
pute— 
‘‘(A) arising from an alleged violation of— 
‘‘(i) the Constitution of the United 
States or the constitution of a State; or 
‘‘(ii) any Federal, State, or local law 
that prohibits discrimination on the basis 
of race, sex, age, gender identity, sexual 
orientation, disability, religion, national or-
igin, or any legally protected status in edu-
cation, employment, credit, housing, public 
accommodations and facilities, voting, vet-
erans or servicemembers, health care, or a 
program funded or conducted by the Fed-
eral Government or State government, in-
cluding any law referred to or described in 
section 62(e) of the Internal Revenue Code 
of 1986, including parts of such law not 
explicitly referenced in such section but 
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that relate to protecting individuals on any 
such basis; and 
‘‘(B) in which at least one party alleging a 
violation described in subparagraph (A) is one 
or more individuals (or their authorized rep-
resentative), including one or more individuals 
seeking certification as a class under rule 23 of 
the Federal Rules of Civil Procedure or a com-
parable rule or provision of State law; 
‘‘(2) the term ‘consumer dispute’ means a dis-
pute between— 
‘‘(A) one or more individuals who seek or 
acquire real or personal property, services (in-
cluding services related to digital technology), 
securities or other investments, money, or credit 
for personal, family, or household purposes in-
cluding an individual or individuals who seek 
certification as a class under rule 23 of the 
Federal Rules of Civil Procedure or a com-
parable rule or provision of State law; and 
‘‘(B)(i) the seller or provider of such prop-
erty, 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 in-
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formation about, or other relationship to any 
such property, services, securities or other in-
vestments, money, or credit; 
‘‘(3) the term ‘employment dispute’ means a 
dispute between one or more individuals (or their 
authorized representative) and a person arising out 
of or related to the work relationship or prospective 
work relationship between them, including a dispute 
regarding the terms of or payment for, advertising 
of, recruiting for, referring of, arranging for, or dis-
cipline or discharge in connection with, such work, 
regardless of whether the individual is or would be 
classified as an employee or an independent con-
tractor with respect to such work, and including a 
dispute arising under any law referred to or de-
scribed in section 62(e) of the Internal Revenue 
Code of 1986, including parts of such law not explic-
itly referenced in such section but that relate to pro-
tecting individuals on any such basis, and including 
a dispute in which an individual or individuals seek 
certification as a class under rule 23 of the Federal 
Rules of Civil Procedure or as a collective action 
under section 16(b) of the Fair Labor Standards 
Act, or a comparable rule or provision of State law; 
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‘‘(4) the term ‘predispute arbitration agree-
ment’ means an agreement to arbitrate a dispute 
that has not yet arisen at the time of the making 
of the agreement; and 
‘‘(5) the term ‘predispute joint-action waiver’ 
means an agreement, whether or not part of a 
predispute arbitration agreement, that would pro-
hibit, or waive the right of, one of the parties to the 
agreement to participate in a joint, class, or collec-
tive action in a judicial, arbitral, administrative, or 
other forum, concerning a dispute that has not yet 
arisen at the time of the making of the agreement. 
‘‘SEC. 402. NO VALIDITY OR ENFORCEABILITY. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title, no predispute arbitration agreement or 
predispute joint-action waiver shall be valid or enforceable 
with respect to an employment dispute, consumer dispute, 
or civil rights dispute. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—An issue as to whether this 
chapter applies with respect to a dispute shall be de-
termined 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, rath-
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er 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 chapter shall apply to any arbitra-
tion 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 provi-
sion of the Constitution of the United States, a 
State constitution, or a Federal or State statute, or 
public policy arising therefrom.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Title 9 of the United States 
Code is amended— 
(A) in section 1 by striking ‘‘of seamen,’’ 
and all that follows through ‘‘interstate com-
merce,’’ and inserting in its place ‘‘of individ-
uals, regardless of whether such individuals are 
designated as employees or independent con-
tractors for other purposes’’, 
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(B) in section 2 by inserting ‘‘or as other-
wise provided in chapter 4’’ before the period at 
the end, 
(C) in section 208— 
(i) in the section heading by striking 
‘‘CHAPTER
1; 
RESIDUAL
APPLICA-
TION’’ and inserting ‘‘APPLICATION’’, 
and 
(ii) by adding at the end the fol-
lowing: ‘‘This chapter applies to the extent 
that this chapter is not in conflict with 
chapter 4.’’, and 
(D) in section 307— 
(i) in the section heading by striking 
‘‘CHAPTER
1; 
RESIDUAL
APPLICA-
TION’’ and inserting ‘‘APPLICATION’’, 
and 
(ii) by adding at the end the fol-
lowing: ‘‘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 of 
chapter 2 of title 9, United States Code, is 
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amended by striking the item relating to section 
208 and inserting the following: 
‘‘208. Application.’’. 
(B) CHAPTER 3.—The table of sections of 
chapter 3 of title 9, United States Code, is 
amended by striking the item relating to section 
307 and inserting the following: 
‘‘307. Application.’’. 
(3) TABLE OF CHAPTERS.—The table of chap-
ters of title 9, United States Code, is amended by 
adding at the end the following: 
‘‘4. Arbitration of employment, consumer, antitrust, and civil rights disputes’’. 
SEC. 9. LIABILITY OF CERTAIN GOVERNMENT OFFICIALS. 
(a) AMENDMENT.—Revised Statute 1979 (42 U.S.C. 
1983) is amended by inserting ‘‘of the United States or’’ 
before ‘‘of any State’’. 
(b) RULES FOR APPLICATION.—In any action under 
Revised Statute 1979, the following shall apply: 
(1) DEFINITION OF STATE.—The term ‘‘State’’ 
includes any person or entity that undertakes action 
under color of any statute, ordinance, regulation, 
custom, or usage, of any State or Territory or the 
District of Columbia. 
(2) ACTION UNDER COLOR OF LAW.—A private 
person or entity undertakes action under color of 
any statute, ordinance, regulation, custom, or usage, 
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of the United States or of any State or Territory or 
the District of Columbia, when— 
(A) undertaking a public function dele-
gated by the United States or by a State or 
local government; 
(B) voluntarily undertaking a public func-
tion; 
(C) acting in concert with the United 
States or a State or local government or acting 
in concert with an individual officer, agent, or 
entity of the United States or a State or local 
government; 
(D) engaging in joint action towards a 
common goal or plan with the United States or 
a State or local government or engaging in joint 
action towards a common goal or plan with an 
individual officer, agent, or entity of the United 
States or of a State or local government; 
(E) engaged in a conspiracy with the 
United States or a State or local government or 
engaged in a conspiracy with an individual offi-
cer, agent, or entity of the United States or of 
a State or local government; 
(F) a close nexus exists between the pri-
vate person or entity and the United States or 
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a State or local government or a close nexus ex-
ists between an individual officer, agent, or en-
tity of the United States or a State or local 
government; 
(G) the activities of the private person or 
entity is so entwined with the United States or 
a State or local government or an individual of-
ficer, agent, or entity of the United States or 
of a State or local government such that the 
private person or entity is fairly considered to 
be acting under color of law; or 
(H) otherwise exercises powers tradition-
ally reserved to the United States or to State 
or local government. 
(3) PRESUMPTION.—A private person or entity 
is presumed to be acting under color of law when, 
pursuant to a contract or other legally binding 
agreement with the United States or with a State or 
local government, the private person or entity exer-
cises any power of the United States or of that State 
or local government or the private person or entity 
otherwise undertakes the administration, operations, 
or other activities of: the judiciary, law enforcement, 
public education, jails or prisons, elections, munic-
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ipal water services, municipal waste removal, evic-
tions, public parks, or public benefits programs. 
(4) NO DEFENSE OF QUALIFIED IMMUNITY.— 
Qualified immunity is not a defense in an action 
brought against any person who under color of any 
statute, ordinance, regulation, custom, or usage, of 
the United States or of any State or Territory or the 
District of Columbia, subjects, or causes to be sub-
jected, any citizen of the United States or other per-
son within the jurisdiction thereof to the deprivation 
of any rights, privileges, or immunities secured by 
the Constitution and laws. 
(5) RESPONDEAT
SUPERIOR.—In the case of 
any official of any political subdivision of the United 
States or of a State, if that official, acting under 
color of law, violates any provision of this Act, that 
official shall be amenable to any suit under this Act, 
and the political subdivision may be held liable for 
the acts of that official, whether acting in his or her 
official or individual capacity. 
SEC. 10. EXPLICIT INCLUSION OF RULEMAKINGS. 
Section 1003(a)(1) of the Rehabilitation Act Amend-
ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 
inserting before the period at the end the following: ‘‘(in-
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SEC. 12. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act, and the amendments 
made by this Act, take effect on the date of enactment 
of this Act. 
(b) APPLICATION.—This Act, and the amendments 
made by this Act, apply to all actions or proceedings pend-
ing on or after the date of enactment of this Act, and, 
in the case of section 8 and the amendments made there-
by, shall apply with respect to any dispute or claim that 
arises or accrues on or after such date. 
Æ 
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