,i #aagth ,,congress #ast ,session ,h4 ,r4 #ddde ,,in ,,the ,,house ,,of ,,representatives ,july #af1 #bjba,mrs4 ,bustos 7for herself1 ,mr4 ,griffith1 ,ms4 ,jayapal1 and ,mr4 ,cicilline7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #i of the ,united ,states ,code with respect to arbitration of disputes involving sexual assault and sexual harassment4 #a4 ,short title ,this ,act may be cited as the ,ending ,forced ,arbitration of ,sexual ,assault and ,sexual ,harassment ,act of #bjba4 #b4 ,predispute arbitration of disputes involving sexual assault and sexual harassment 7a7 ,in general ,title #i of the ,united ,states ,code is amended by adding at the end the following3 #d ,arbitration of disputes involving sexual assault and sexual harassment ,sec4 #dja4 ,definitions4 #djb4 ,no validity or enforceability4 #dja4 ,definitions ,in this chapter3 7#a7 ,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 agreement4 7#b7 ,predispute joint-action waiver ,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 7#c7 ,sexual assault dispute ,the term sexual assault dispute means a dispute involving a nonconsensual sexual act or sexual contact1 as such terms are defined in section #bbdf of title #ah or similar applicable ,tribal or ,state law1 including when the victim lacks capacity to consent4 7#d7 ,sexual harassment dispute ,the term sexual harassment dispute means a dispute relating to any of the following conduct directed at an individual or a group of individuals3 7,a7 ,unwelcome sexual advances4 7,b7 ,unwanted physical contact that is sexual in nature1 including assault4 7,c7 ,unwanted sexual attention1 including unwanted sexual comments and propositions for sexual activity4 7,d7 ,conditioning professional1 educational1 consumer1 health care or long-term care benefits on sexual activity4 7,e7 ,retaliation for rejecting unwanted sexual attention4 #djb4 ,no validity or enforceability 7a7 ,in general ,except as provided in subsection 7c71 and notwithstanding any other provision of this title1 no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under ,federal1 ,tribal1 or ,state law and relates to a sexual assault dispute or a sexual harassment dispute4 7b7 ,determination of applicability ,an issue as to whether this chapter applies with respect to a dispute 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 agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 7c7 ,exception for 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 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 disputes involving sexual assault and sexual harassment#dja 4 #c4 ,applicability ,this ,act1 and the amendments made by this ,act1 shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this ,act4