,,ii #aagth ,,congress #ast ,session ,s4 #cadc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #b1 #bjba,ms4 ,ernst introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #i of the ,united ,states ,code to prohibit the enforcement of predispute arbitration agreements with respect to claims of sexual assault and to ensure that fair procedures are used in arbitrations involving sexual harassment claims4 #a4 ,short title ,this ,act may be cited as the ,resolving ,sexual ,assault and ,harassment ,disputes ,act of #bjba4 #b4 ,arbitration of sexual assault and sexual harassment claims 7a7 ,in general ,title #i of the ,united ,states ,code is amended by adding at the end the following3 #d ,arbitration of sexual assault claims2 rights in arbitration of sexual harassment claims #dja4 ,definitions ,in this chapter-- 7#a7 the term predispute arbitration agreement means any agreement to arbitrate a claim that had not yet arisen at the time of the making of the agreement2 7#b7 the term sexual assault means a nonconsensual sexual act or sexual contact 7as those terms are defined in section #bbdf of title #ah1 or similar applicable ,state or ,tribal law7 perpetrated against an employee1 including when the victim lacks capacity to consent2 7#c7 the term sexual assault claim means a claim or dispute by an employee alleging that he or she was the victim of a sexual assault1 based on alleged conduct that meets the definition of a sexual assault1 brought by the employee against the employer1 the employer and one or more employees1 or one or more employees2 7#d7 the term sexual harassment means-- 7,a7 7i7 an unwelcome sexual advance2 7ii7 a request for a sexual favor2 7iii7 an offensive remark about a person's sex2 or 7iv7 any other verbal or physical harassment of a sexual nature2 and 7,b7 that is so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision2 and 7#e7 the term sexual harassment claim means a claim or dispute between an employee and employer1 or among an employee1 employer1 and one or more employees1 arising out of allegations of conduct that constitutes sexual harassment but does not fall within the definition of a sexual assault claim4 #djb4 ,limit on validity and enforceability 7a7 ,in general ,notwithstanding any other provision of this title1 a predispute arbitration agreement shall have no force or effect with respect to a sexual assault claim4 7b7 ,other claims ,all claims other than those subject to subsection 7a7 shall be subject to the provisions of this title1 provided that1 for sexual harassment claims1 section #djc is satisfied4 #djc4 ,rights in arbitration of sexual harassment claim 7a7 ,in general ,notwithstanding any other provision of this title1 a predispute arbitration agreement to which this chapter applies shall be valid or enforceable with respect to a sexual harassment claim if the predispute arbitration agreement-- 7#a7 allows a party to discuss publicly the claim to be arbitrated1 unless both parties mutually agree otherwise after the claim has arisen1 and subject to reasonable restrictions necessary to safeguard the privacy interests of third parties2 7#b7 allows a party to report alleged violations of law to local1 ,state1 and ,federal civil and criminal law enforcement authorities2 7#c7 allows a party to discuss publicly the arbitrator's decision1 unless the parties mutually agree otherwise after the claim has arisen2 7#d7 allows the arbitrator to grant a party's reasonable request to engage in third-party discovery1 including the ability to solicit evidence from other individuals or entities not parties to the arbitration2 7#e7 allows a party to be represented by a lawyer in the arbitration proceeding2 7#f7 provides for the appointment of an arbitrator who is impartial and obligated to disclose any bias1 personal or financial interest in the arbitration1 and past or present relationships with the parties or their representatives2 7#g7 provides for the ability of the parties to receive a reasoned1 written decision by the arbitrator2 7#h7 if the agreement provides for a statute of limitations it is no shorter than the statute of limitations under the law applicable to the claim2 7#i7 allows the claimant to recover individualized damages and other individualized relief authorized by the law applicable to the claim2 7#aj7 does not require the claimant to pay attorneys' fees or expenses not authorized by the law applicable to the claim2 and 7#aa7 does not require the claimant to pay arbitration fees greater than the filing fee for an action in ,federal district court established by section #aiad of title #bh1 unless the arbitrator finds that the claimant's claims are frivolous or brought for an improper purpose 7as measured by the standards of ,federal ,rule of ,civil ,procedure #aa7;b77 or the claimant's litigation conduct is vexatious 7as measured by the standards of section #aibg of title #bh74 7b7 ,considerations ,in determining whether an arbitration agreement satisfies the standard set forth in subsection 7a77#d71 a court shall consider-- 7#a7 a claimant's ability to obtain relevant evidence2 7#b7 privacy interests of the claimant and third parties2 and 7#c7 whether the potential burdens that third-party discovery might impose are proportionate to the needs of the case4 7c7 ,rule of construction ,a predispute arbitration agreement complies with subsection 7a7 if the agreement does not prohibit the conduct1 the agreement affirmatively permits the conduct1 or the rules of the arbitral forum selected in the agreement satisfy the requirement4 #djd4 ,attorneys' fees for sexual assault and harassment claims 7a7 ,fee distribution timing ,if the plaintiff in a civil action or arbitration proceeding is seeking monetary relief with respect to a sexual assault claim or a sexual harassment claim1 there shall be a final determination1 including exhaustion of appeals1 of any monetary relief to be paid to the plaintiff1 and payment to the plaintiff1 before the determination or payment of costs or attorneys' fees to the attorney for the plaintiff4 7b7 ,fee determinations based on monetary relief ,unless otherwise specified by ,federal statute1 if a judgment or settlement agreement in a civil action or arbitration proceeding provides monetary relief to the plaintiff with respect to a sexual assault claim or a sexual harassment claim1 the portion of any attorneys' fees paid to the attorney for the plaintiff that is attributable to the monetary relief with respect to that claim-- 7#a7 shall not exceed a reasonable percentage of the amount of monetary relief directly distributed to and received by the plaintiff with respect to the claim2 and 7#b7 in any event1 shall not exceed the total amount of monetary relief directly distributed to and received by the plaintiff with respect to the claim4 7c7 ,fee determinations based on equitable relief ,unless otherwise specified by ,federal statute1 if a judgment or settlement agreement in a civil action or arbitration proceeding provides for equitable relief with respect to a sexual assault claim or a sexual harassment claim1 the portion of any attorneys' fees paid to the attorney for the plaintiff that is attributable to the equitable relief with respect to the claim shall not exceed a reasonable percentage of the value of the equitable relief1 including any injunctive relief4 #dje4 ,study ,two years after the date of enactment of this chapter1 the ,comptroller ,general of the ,united ,states shall conduct a study of1 and shall provide a report to the relevant congressional committees1 including the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives1 the use of arbitration agreements in connection with this chapter4 ,the study shall examine the total number of claims1 the length of time to resolve a claim1 party success rates1 awards and settlement amounts1 attorney's fees1 and the validity of arbitration clauses challenged according to section #djf4 ,the study shall examine both arbitration proceedings and settlement agreements1 to the extent possible1 pursuant to this chapter and compare the outcomes1 the duration1 and award and settlement amounts with other employment cases in the judicial system4 #djf4 ,applicability ,an issue as to whether this chapter applies with respect to a sexual assault claim or a sexual harassment claim shall be determined under ,federal law4 ,the applicability of this chapter to a predispute agreement to arbitrate such claims and the validity and enforceability of a predispute 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 predispute 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 ,in the instance when a court finds a predispute arbitration agreement invalid in accordance with this chapter1 the employee or employees shall be awarded a reasonable attorney's fee1 including litigation expenses1 and costs for challenging the predispute arbitration agreement4 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 sexual assault claims2 rights in arbitration of sexual harassment claims #dja 4 #c4 ,prospective effect ,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 predispute arbitration agreement that is entered into or amended on or after such date4