I
107TH CONGRESS
1ST SESSION
H. R. 1489
To amend certain Federal civil rights statutes to prevent the involuntary
application of arbitration to claims that arise from unlawful employment
discrimination based on race, color, religion, sex, national origin, age,
or disability, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 2001
Mr. MARKEY (for himself, Mrs. MORELLA, Mr. BRADY of Pennsylvania, Mrs.
MALONEY of New York, Mr. GEORGE MILLER of California, Mr. OWENS,
Mr. MCGOVERN, Mr. SANDERS, Ms. EDDIE BERNICE JOHNSON of Texas,
Mr. BROWN of Ohio, Mr. CUMMINGS, Ms. CARSON of Indiana, Mrs.
JONES of Ohio, Mrs. MINK of Hawaii, Mrs. CHRISTENSEN, Mr. RUSH,
Ms. WOOLSEY, Ms. MCKINNEY, Mr. LEWIS of Georgia, Mr. GREEN of
Texas, Mr. NADLER, Ms. BALDWIN, Mr. CROWLEY, Mr. TOWNS, and Mr.
SANDLIN) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend certain Federal civil rights statutes to prevent
the involuntary application of arbitration to claims that
arise from unlawful employment discrimination based on
race, color, religion, sex, national origin, age, or dis-
ability, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Civil Rights Proce-
dures Protection Act of 2001’’.
SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS
ACT OF 1964.
Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.) is amended by adding at the end the fol-
lowing:
‘‘EXCLUSIVITY OF POWERS AND PROCEDURES
‘‘SEC. 719. Notwithstanding any Federal statute of
general applicability that would modify any of the powers
and procedures expressly applicable to a claim arising
under this title, such powers and procedures shall be the
exclusive powers and procedures applicable to such claim
unless after such claim arises the claimant voluntarily en-
ters into an agreement to resolve such claim through arbi-
tration or another procedure.’’.
SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EM-
PLOYMENT ACT OF 1967.
The Age Discrimination in Employment Act of 1967
(29 U.S.C. 621 et seq.) is amended—
(1) by redesignating sections 16 and 17 as sec-
tions 17 and 18, respectively, and
(2) by inserting after section 15 the following:
‘‘EXCLUSIVITY OF POWERS AND PROCEDURES
‘‘SEC. 16. Notwithstanding any Federal statute of
general applicability that would modify any of the powers
and procedures expressly applicable to a right or claim
arising under this Act, such powers and procedures shall
be the exclusive powers and procedures applicable to such
right or such claim unless after such right or such claim
arises the claimant voluntarily enters into an agreement
to resolve such right or such claim through arbitration or
another procedure.’’.
SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF
1973.
Section 505 of the Rehabilitation Act of 1973 (29
U.S.C. 794a) is amended by adding at the end the fol-
lowing:
‘‘(c) Notwithstanding any Federal statute of general
applicability that would modify any of the procedures ex-
pressly applicable to a claim based on right under section
501, such procedures shall be the exclusive procedures ap-
plicable to such claim unless after such claim arises the
claimant voluntarily enters into an agreement to resolve
such claim through arbitration or another procedure.’’.
SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABIL-
ITIES ACT OF 1990.
Section 107 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12117) is amended by adding at the
end the following:
‘‘(c) Notwithstanding any Federal statute of general
applicability that would modify any of the powers and pro-
cedures expressly applicable to a claim based on a violation
described in subsection (a), such powers and procedures
shall be the exclusive powers and procedures applicable to
such claim unless after such claim arises the claimant vol-
untarily enters into an agreement to resolve such claim
through arbitration or another procedure.’’.
SEC. 6. AMENDMENT TO SECTION 1977 OF THE REVISED
STATUTES OF THE UNITED STATES.
Section 1977 of the Revised Statutes of the United
States (42 U.S.C. 1981) is amended by adding at the end
the following:
‘‘(d) Notwithstanding any Federal statute of general
applicability that would modify any of the procedures ex-
pressly applicable to a right to make and enforce a con-
tract of employment under this section, such procedures
shall be the exclusive procedures applicable to a claim
based on such right unless after such claim arises the
claimant voluntarily enters into an agreement to resolve
such claim through arbitration or another procedure.’’.
SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT
UNDER THE FAIR LABOR STANDARDS ACT OF
1938.
Section 6(d) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(d)) is amended by adding at the end
the following:
‘‘(5) Notwithstanding any Federal statute of general
applicability that would modify any of the powers or proce-
dures expressly applicable to a claim based on violation
of this subsection, such powers and procedures shall be
the exclusive procedures applicable to such claim unless
after such claim arises the claimant voluntarily enters into
an agreement to resolve such claim through arbitration or
another procedure.’’.
SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE
ACT OF 1993.
Title IV of the Family and Medical Leave Act of
1993 (29 U.S.C. 2651 et seq.) is amended by adding at
the end the following:
‘‘SEC. 406. EXCLUSIVITY OF REMEDIES.
‘‘Notwithstanding any Federal statute of general ap-
plicability that would modify any of the procedures ex-
pressly applicable to a claim based on right provided under
this Act or under an amendment made by this Act, such
procedures shall be the exclusive procedures applicable to
such claim unless after such claim arises the claimant vol-