,,ii  #aaeth ,,congress  #ast ,session  
,s4 #bbjc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #f1  
#bjag ,mrs4 ,gillibrand 7for herself1   
,mr4 ,graham1 ,ms4 ,harris1 ,ms4        
,murkowski1 ,mr4 ,durbin1 ,ms4          
,heitkamp1 and ,mrs4 ,feinstein7        
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
amend title #i of the ,united ,states   
,code with respect to arbitration4  #a4 
,short title  ,this ,act may be cited as
 the ,ending ,forced ,arbitration of    
,sexual ,harassment ,act of #bjag4  #b4 
,arbitration of employment disputes  7a7
 ,in general ,title #i of the ,united   
,states ,code is amended by adding at   
the end the following3  #d ,arbitration 
of ,sex ,discrimination ,disputes  ,sec4
 #dja4 ,definitions4 #djb4 ,validity and
 enforceability4  #dja4 ,definitions ,in
 this chapter--  7#a7 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 agreement2 and  7#b7  
the term sex discrimination dispute     
means a dispute between an employer and 
employee arising out of conduct that    
would form the basis of a claim based on
 sex under title ,,vii of the ,civil    
,rights ,act of #aifd 7#db ,u4,s4,c4    
#bjjj;e et seq47 if the employment were 
employment by an employer 7as defined in
 section #gja7;b7 of that ,act 7#db     
,u4,s4,c4 #bjjj;e7b7771 regardless of   
whether a violation of such title ,,vii 
is alleged4  #djb4 ,validity and        
enforceability  7a7 ,in general ,except 
as provided in subsection 7b77#b71 and  
notwithstanding any other provision of  
this title1 no predispute arbitration   
agreement shall be valid or enforceable 
if it requires arbitration of a sex     
discrimination dispute4  7b7            
,applicability  7#a7 ,in general ,an    
issue as to whether this chapter applies
 to an arbitration agreement shall be   

determined under ,federal law4 ,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 court1 rather than an   
arbitrator1 irrespective of whether the 
party resisting arbitration challenges  
the arbitration agreement specifically  
or in conjunction with other terms of   
the contract containing such agreement4 
7#b7 ,collective bargaining agreements  
,nothing in this chapter shall apply to 
any arbitration provision in a contract 
between an employer and a labor         
organization or between labor           
organizations1 except that no such      
arbitration provision shall have the    
effect of waiving the right of an       
employee to seek judicial enforcement of
 a right arising under a provision of   
the ,constitution of the ,united        
,states1 a ,state constitution1 or a    
,federal or ,state statute1 or public   
policy arising therefrom4  4  7b7       

,technical and conforming amendments    
7#a7 ,in general ,title #i of the       
,united ,states ,code is amended-- 7,a7 
in section #b1 by inserting or as       
otherwise provided in chapter #d before 
the period at the end2  7,b7 in section 
#bjh-- 7i7 in the section heading1 by   
striking ,chapter #a2 residual          
application and inserting ,application2 
and  7ii7 by adding at the end the      
following3 ,this chapter applies to the 
extent that this chapter is not in      
conflict with chapter #d42 and  7,c7 in 
section #cjg--  7i7 in the section      
heading1 by striking ,chapter #a2       
residual application and inserting      
,application2 and  7ii7 by adding at the
 end the following3 ,this chapter       
applies to the extent that this chapter 
is not in conflict with chapter #d44    
7#b7 ,table of sections  7,a7 ,chapter  
#b ,the table of sections for chapter #b
 of title #i1 ,united ,states ,code1 is 
amended by striking the item relating to
 section #bjh and inserting the         

following3  #bjh4 ,application4  4  7,b7
 ,chapter #c ,the table of sections for 
chapter #c of title #i1 ,united ,states 
,code1 is amended by striking the item  
relating to section #cjg and inserting  
the following3  #cjg4 ,application4  4  
7#c7 ,table of chapters ,the table of   
chapters for title #i1 ,united ,states  
,code1 is amended by adding at the end  
the following3  #d4;,arbitration of sex 
discrimination disputes#dja  4  #c4     
,effective date ,this ,act1 and the     
amendments made by this ,act1 shall take
 effect on the date of enactment of this
 ,act and shall apply with respect to   
any dispute or claim that arises on or  
after such date4