,,ii  #aaith ,,congress  #ast ,session  
,s4 #cbdc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #bj1 
#bjbe ,mr4 ,booker 7for himself1 ,mr4   
,blumenthal1 ,mr4 ,coons1 ,mr4 ,durbin1 
,mrs4 ,gillibrand1 ,ms4 ,hirono1 ,mr4   
,padilla1 ,mr4 ,van ,hollen1 ,ms4       
,warren1 and ,mr4 ,whitehouse7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to amend title #i1 ,united ,states     
,code1 with respect to arbitration of   
disputes involving race discrimination4 
#a4 ,short title ,this ,act may be cited
 as the ,ending ,forced ,arbitration of 
,race ,discrimination ,act of #bjbe4    
#b4 ,predispute arbitration of disputes 
involving race discrimination  7a7 ,in  
general ,title #i1 ,united ,states      
,code1 is amended by adding at the end  
the following3  #e ,arbitration of      
disputes involving race discrimination  
,sec4 #eja4 ,definitions4 #ejb4 ,no     
validity or enforceability4  #eja4      

,definitions ,in this chapter3 7#a7     
,predispute arbitration agreement2      
predispute joint-action waiver ,the     
terms predispute arbitration agreement  
and predispute joint-action waiver have 
the meanings given the terms in section 
#dja4  7#b7 ,race discrimination dispute
 ,the term race discrimination dispute  
means a dispute relating to conduct that
 is alleged to constitute discrimination
 7including harassment71 or retaliation1
 on the basis of race1 color1 or        
national origin under applicable        
,federal1 ,tribal1 ,state1 or local law4
  #ejb4 ,no validity or enforceability  
7a7 ,in general ,notwithstanding any    
other provision of this title1 at the   
election of the person alleging conduct 
constituting a race discrimination      
dispute1 or the named representative of 
a class or in a collective action       
alleging such conduct1 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      
,state1 or local law and relates to the 
race discrimination 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  4  7b7
 ,technical and conforming amendments   
7#a7 ,in general ,title #i1 ,united     
,states ,code is amended--  7,a7 in     
section #b1 by inserting or #e before   
the period at the end2  7,b7 in section 

#bjh1 in the second sentence1 by        
inserting or #e before the period at the
 end2 and  7,c7 in section #cjg1 in the 
second sentence1 by inserting or #e     
before the period at the end4  7#b7     
,table of chapters ,the table of        
chapters for title #i1 ,united ,states  
,code1 is amended by adding at the end  
the following3  #e4;,arbitration of     
disputes involving race discrimination  
#eja4  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