< Back to H.R. 3748 (104th Congress, 1995–1996)

Text of the Civil Rights Procedures Protection Act of 1996

This bill was introduced on June 27, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 27, 1996 (Introduced).

Source: GPO

HR 3748 IH

104th CONGRESS

2d Session

H. R. 3748

To amend certain Federal civil rights statutes to prevent the involuntary application of arbitration to claims that arise from unlawful employment discrimination based on race, color, religion, sex, national origin, age, or disability; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 27, 1996

Mrs. SCHROEDER (for herself and Mr. MARKEY) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend certain Federal civil rights statutes to prevent the involuntary application of arbitration to claims that arise from unlawful employment discrimination based on race, color, religion, sex, national origin, age, or disability; and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Civil Rights Procedures Protection Act of 1996’.

SEC. 2. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.

    Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is amended by adding at the end the following:

‘EXCLUSIVITY OF POWERS AND PROCEDURES

    ‘SEC. 719. Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a claim arising under this title, such powers and procedures shall be the exclusive powers and procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.’.

SEC. 3. AMENDMENT TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) is amended--

      (1) by redesignating sections 16 and 17 as sections 17 and 18, respectively, and

      (2) by inserting after section 15 the following:

‘EXCLUSIVITY OF POWERS AND PROCEDURES

    ‘SEC. 16. Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a right or claim arising under this Act, such powers and procedures shall be the exclusive powers and procedures applicable to such right or such claim unless after such right or such claim arises the claimant voluntarily enters into an agreement to resolve such right or such claim through arbitration or another procedure.’.

SEC. 4. AMENDMENT TO THE REHABILITATION ACT OF 1973.

    Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 795) is amended by adding at the end the following:

    ‘(c) Notwithstanding any Federal statute of general applicability that would modify any of the procedures expressly applicable to a claim based on right under section 501, such procedures shall be the exclusive procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.’.

SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABILITIES ACT OF 1990.

    Section 107 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117) is amended by adding at the end the following:

    ‘(c) Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a claim based on a violation

described in subsection (a), such powers and procedures shall be the exclusive powers and procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.’.

SEC. 6. AMENDMENT TO SECTION 1977 OF THE REVISED STATUTES OF THE UNITED STATES.

    Section 1977 of the Revised Statutes of the United States (42 U.S.C. 1981) is amended by adding at the end the following:

    ‘(d) Notwithstanding any Federal statute of general applicability that would modify any of the procedures expressly applicable to a right to make and enforce a contract of employment under this section, such procedures shall be the exclusive procedures applicable to a claim based on such right unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.’.

SEC. 7. AMENDMENT TO THE EQUAL PAY REQUIREMENT UNDER THE FAIR LABOR STANDARDS ACT OF 1938.

    Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended by adding at the end the following:

    ‘(5) Notwithstanding any Federal statute of general applicability that would modify any of the powers or procedures expressly applicable to a claim based on violation of this subsection, such powers and procedures shall be the exclusive procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.’.

SEC. 8. AMENDMENT TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993.

    Title IV of the Family and Medical Leave Act of 1993 (29 U.S.C. 2651 et seq.) is amended by adding at the end the following:

‘SEC. 406. EXCLUSIVITY OF REMEDIES.

    ‘Notwithstanding any Federal statute of general applicability that would modify any of the procedures expressly applicable to a claim based on right provided under this Act or under an amendment made by this Act, such procedures shall be the exclusive procedures applicable to such claim unless after such claim arises the claimant voluntarily enters into an agreement to resolve such claim through arbitration or another procedure.’.

SEC. 9. AMENDMENT TO TITLE 9 OF THE UNITED STATES CODE.

    Section 14 of title 9, United States Code, is amended--

      (1) by inserting ‘(a)’ before ‘This’, and

      (2) by adding at the end the following:

    ‘(b) This chapter shall not apply with respect to a claim of unlawful discrimination in employment if such claim arises from discrimination based on race, color, religion, sex, national origin, age, or disability.’.

SEC. 10. APPLICATION OF AMENDMENTS.

    The amendments made by this Act shall apply with respect to claims arising on and after the date of the enactment of this Act.