Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
PL 117-90 (H.R.4445), enacted 03/03/2022

[117th Congress Public Law 90]
[From the U.S. Government Publishing Office]



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    ENDING FORCED ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARASSMENT
                               ACT OF 2021

[[Page 136 STAT. 26]]

Public Law 117-90
117th Congress

                                 An Act


 
 To amend title 9 of the United States Code with respect to arbitration 
of disputes involving sexual assault and sexual harassment. <<NOTE: Mar. 
                        3, 2022 -  [H.R. 4445]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ending Forced 
Arbitration of Sexual Assault and Sexual Harassment Act of 2021.>> 
SECTION 1. <<NOTE: 9 USC 1 note.>>  SHORT TITLE.

    This Act may be cited as the ``Ending Forced Arbitration of Sexual 
Assault and Sexual Harassment Act of 2021''.
SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING SEXUAL 
                    ASSAULT AND SEXUAL HARASSMENT.

    (a) In General.--Title 9 of the United States Code is amended by 
adding at the end the following:

    ``CHAPTER 4-- <<NOTE: 9 USC 401 prec.>> ARBITRATION OF DISPUTES 
INVOLVING SEXUAL ASSAULT AND SEXUAL HARASSMENT

``Sec.
``401. Definitions.
``402. No validity or enforceability.

``Sec. 401. <<NOTE: 9 USC 401.>>  Definitions

    ``In this chapter:
            ``(1) Predispute arbitration agreement.--The term 
        `predispute arbitration agreement' means any agreement to 
        arbitrate a dispute that had not yet arisen at the time of the 
        making of the agreement.
            ``(2) Predispute joint-action waiver.--The term `predispute 
        joint-action waiver' means an agreement, whether or not part of 
        a predispute arbitration agreement, that would prohibit, or 
        waive the right of, one of the parties to the agreement to 
        participate in a joint, class, or collective 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.
            ``(3) Sexual assault dispute.--The term `sexual assault 
        dispute' means a dispute involving a nonconsensual sexual act or 
        sexual contact, as such terms are defined in section 2246 of 
        title 18 or similar applicable Tribal or State law, including 
        when the victim lacks capacity to consent.
            ``(4) Sexual harassment dispute.--The term `sexual 
        harassment dispute' means a dispute relating to conduct that is 
        alleged to constitute sexual harassment under applicable 
        Federal, Tribal, or State law.

[[Page 136 STAT. 27]]

``Sec. 402. <<NOTE: 9 USC 402.>>  No validity or enforceability

    ``(a) In General.--Notwithstanding any other provision of this 
title, at the election of the person alleging conduct constituting a 
sexual harassment dispute or sexual assault dispute, or the named 
representative of a class or in a collective action alleging such 
conduct, no predispute arbitration agreement or predispute joint-action 
waiver shall be valid or enforceable with respect to a case which is 
filed under Federal, Tribal, or State law and relates to the sexual 
assault dispute or the sexual harassment dispute.
    ``(b) <<NOTE: Contracts.>>  Determination of Applicability.--An 
issue as to whether this chapter applies with respect to a dispute 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, 
and irrespective of whether the agreement purports to delegate such 
determinations to an arbitrator.''.

    (b) Technical and Conforming Amendments.--
            (1) In general.--Title 9 of the United States Code is 
        amended--
                    (A) in section 2, by inserting ``or as otherwise 
                provided in chapter 4'' before the period at the end;
                    (B) in section 208--
                          (i) in the section heading, by striking 
                      ``Chapter 1; residual application'' and inserting 
                      ``Application''; and
                          (ii) by adding at the end the following: 
                      ``This chapter applies to the extent that this 
                      chapter is not in conflict with chapter 4.''; and
                    (C) in section 307--
                          (i) in the section heading, by striking 
                      ``Chapter 1; residual application'' and inserting 
                      ``Application''; and
                          (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 
                of title 9, United States Code, <<NOTE: 9 USC 201 
                prec.>> is amended by striking the item relating to 
                section 208 and inserting the following:

``208. Application.''.

                    (B) Chapter 3.--The table of sections for chapter 3 
                of title 9, United States Code, <<NOTE: 9 USC 301 
                prec.>> is amended by striking the item relating to 
                section 307 and inserting the following:

``307. Application.''.

            (3) Table of chapters.--The table of chapters for title 9, 
        United States Code, <<NOTE: 9 USC 1 prec.>>  is amended by 
        adding at the end the following:
``4. Arbitration of disputes involving sexual assault and sexual 
harassment........................................................401''.

[[Page 136 STAT. 28]]

SEC. 3. <<NOTE: 9 USC 401 note.>>  APPLICABILITY.

    This Act, and the amendments made by this Act, shall apply with 
respect to any dispute or claim that arises or accrues on or after the 
date of enactment of this Act.

    Approved March 3, 2022.

LEGISLATIVE HISTORY--H.R. 4445 (S. 2342):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-234 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            Feb. 7, considered and passed House.
            Feb. 10, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            Mar. 3, Presidential remarks.

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