Sec. 4. Arbitration of employment disputes
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Title 9 of the United States Code is amended by adding at the end the following: Sec. 401. Definitions. 402. Validity and enforceability. In this chapter— the terms commerce , employee , and employer have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); the term employment dispute means a dispute between an employer and an employee arising from or relating to the employment of the employee, and includes disputes that arise under common law or from the alleged violation of the Constitution of the United States, the constitution of a State, or a Federal, State, territorial, county, or municipal statute; 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 agreement; and the term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement.
Notwithstanding any other chapter of this title— no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute; no postdispute arbitration agreement that requires arbitration of an employment dispute shall be valid or enforceable unless— the agreement was not required by the employer, obtained by coercion or threat of adverse action, or made a condition of employment or any employment-related privilege or benefit; each employee entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average employee of— the right of the employee under paragraph
(3)to refuse to enter the agreement without retaliation; and the protections under section 8(a)(6) of the National Labor Relations Act ( 29 U.S.C. 158(a)(6) ); each employee entering into the agreement entered the agreement after a waiting period of not fewer than 45 days, beginning on the date on which the employee was provided both the final text of the agreement and the disclosures required under subparagraph (B); and each employee entering into the agreement affirmatively consented to the agreement in writing; and no employer may retaliate or threaten to retaliate against an employee for refusing to enter into an agreement that provides for arbitration of an employment dispute. During the waiting period described in subsection (a)(2)(C), the statute of limitations for any claims that arise from or form the basis for the applicable employment dispute shall be tolled. Any person who is injured by reason of a violation of subsection (a)(3) may bring a civil action in the appropriate district court of the United States against the employer within 2 years of the violation, or within 3 years if such violation is willful. Relief granted in such an action shall include a reasonable attorney’s fee, other reasonable costs associated with maintaining the action, and any appropriate relief authorized by section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(g) ) or by section 1977A(b) of the Revised Statutes ( 42 U.S.C. 1981a(b) ). This chapter applies to employers and employees engaged in activity affecting commerce to the fullest extent permitted by the United States Constitution. An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. 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 court, rather than an arbitrator, regardless of whether any contractual provision delegates such matters to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization, 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 States, the constitution of a State, or a Federal or State statute, or public policy arising therefrom. . Title 9 of the United States Code is amended— in section 1, by striking of seamen, and all that follows through interstate commerce ; in section 2, by inserting or as otherwise provided in chapter 4 before the period at the end; in section 208— in the section heading, by striking and inserting Chapter 1; residual application ; and Application by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. ; and in section 307— in the section heading, by striking and inserting Chapter 1; residual application ; and Application by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. . The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: 208. Application. . The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: 307. Application. . The table of chapters for title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of employment disputes 401. .
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- 42 USC 2000e–5(g)
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