,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gjbj ,,in ,,the ,,house ,,of ,,representatives ,may #bf1 #bjbj,ms4 ,schakowsky 7for herself1 ,mr4 ,takano1 ,mr4 ,garca of ,illinois1 and ,mr4 ,cartwright7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide a cause of action for violations of laws related to ,,covid-#ai1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,covid ,justice and ,accountability ,act 4 #b4 ,cause of action for violations of ,,covid-#ai laws ,notwithstanding any other provision of law1 an individual may bring a cause of action in the appropriate district court of the ,united ,states against any person who violates or fails to comply with a requirement under the ,,cares ,act 7,public ,law #aaf-acf7 or the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg71 or an amendment made by each such ,act1 for harm that the individual suffered as a result of such violation or failure4 #c4 ,temporary suspension of arbitration 7a7 ,in general ,notwithstanding any other provision of this law1 during the covered emergency period no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to an employment dispute1 consumer dispute1 antitrust dispute1 or civil rights dispute4 7b7 ,applicability 7#a7 ,in general ,an issue as to whether this section applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this section to an agreement to arbitrate and the validity and enforceability of an agreement to which this section 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 agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 7#b7 ,collective bargaining agreements ,nothing in this section 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 a worker 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 7c7 ,definitions ,in this section3 7#a7 ,the term covered emergency period means the period beginning on the date on which the ,president declared a national emergency under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 and ending on the date that is #ahj days after such emergency is terminated4 7#b7 ,the term antitrust dispute means a dispute-- 7,a7 arising from an alleged violation of the antitrust laws 7as defined in subsection 7a7 of the first section of the ,clayton ,act7 or ,state antitrust laws2 and 7,b7 in which the plaintiffs seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law4 7#c7 ,the term civil rights dispute means a dispute-- 7,a7 arising from an alleged violation of-- 7i7 the ,constitution of the ,united ,states or the constitution of a ,state2 and 7ii7 any ,federal1 ,state1 or local law that prohibits discrimination on the basis of race1 sex1 age1 gender identity1 sexual orientation1 disability1 religion1 national origin1 or any legally protected status in education1 employment1 credit1 housing1 public accommodations and facilities1 voting1 veterans or servicemembers1 health care1 or a program funded or conducted by the ,federal ,government or ,state government1 including any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis2 and 7,b7 in which at least one party alleging a violation described in subparagraph 7,a7 is one or more individuals 7or their authorized representative71 including one or more individuals seeking certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law4 7#d7 ,the term consumer dispute means a dispute between-- 7,a7 one or more individuals who seek or acquire real or personal property1 services 7including services related to digital technology71 securities or other investments1 money1 or credit for personal1 family1 or household purposes including an individual or individuals who seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or a comparable rule or provision of ,state law2 and 7,b7 7i7 the seller or provider of such property1 services1 securities or other investments1 money1 or credit2 or 7ii7 a third party involved in the selling1 providing of1 payment for1 receipt or use of information about1 or other relationship to any such property1 services1 securities or other investments1 money1 or credit4 7#e7 ,the term employment dispute means a dispute between one or more individuals 7or their authorized representative7 and a person arising out of or related to the work relationship or prospective work relationship between them1 including a dispute regarding the terms of or payment for1 advertising of1 recruiting for1 referring of1 arranging for1 or discipline or discharge in connection with1 such work1 regardless of whether the individual is or would be classified as an employee or an independent contractor with respect to such work1 and including a dispute arising under any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis1 and including a dispute in which an individual or individuals seek certification as a class under rule #bc of the ,federal ,rules of ,civil ,procedure or as a collective action under section #af7;b7 of the ,fair ,labor ,standards ,act1 or a comparable rule or provision of ,state law4 7#f7 ,the term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement4 7#g7 ,the term predispute joint-action waiver means an agreement1 whether or not part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 7d7 ,application ,this section shall apply with respect to any dispute or claim that arises or accrues on or after the date on which the covered emergency period began4 7e7 ,rule of construction ,nothing in this section shall be construed to prohibit the use of arbitration on a voluntary basis after the dispute arises4