Protecting the Employment Rights of Servicemembers Act

Bill: 117-hr-2195
Sponsor: full_name: Rep. Cicilline, David N. [D-RI-1]
Introduced: 2021-03-26
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Alternative dispute resolution, mediation, arbitration

Employment discrimination and employee rights

Merit Systems Protection Board

Military personnel and dependents

National Guard and reserves
Latest action: action_date: 2021-05-04
text: Committee Consideration and Mark-up Session Held.

Summaries:
action_date: 2021-03-26
action_desc: Introduced in House
text: <p><b>Protecting the Employment Rights of Servicemembers Act</b></p> <p>This bill updates employment and reemployment rights of members of the uniformed services by making arbitration requirements unenforceable unless the parties consent to such arbitration in relation to employment or reemployment claims. The bill provides that consent is not voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of employment and reemployment rights as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2195 IN THE HOUSE OF REPRESENTATIVES March 26, 2021 Mr. Cicilline (for himself, Mr. Takano , Mr. Reschenthaler , and Mr. Golden ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to clarify the scope of procedural rights of members of the uniformed services with respect to their employment and reemployment rights, and for other purposes.

1. Short title This Act may be cited as the Protecting the Employment Rights of Servicemembers Act . 2. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services (a) Clarification regarding definition of rights and benefits Section 4303(2) of title 38, United States Code, is amended— (1) by inserting (A) before The term ; and (2) by adding at the end the following new subparagraph: (B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter. . (b) Clarification regarding relation to other law and plans for agreements Section 4302 of such title is amended by adding at the end the following: (c) (1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration. (2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment. .