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(i) the cash wage paid such employee, which for purposes of such determination shall be not less than—(I) for the 1-year period beginning on the effective date under section 121(e) of the BE HEARD in the Workplace Act, $3.60 an hour;(II) for each succeeding 1-year period until the hourly wage under this clause equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of—(aa) $1.50; or(bb) the amount necessary for the wage in effect under this clause to equal the wage in effect under section 6(a)(1) for such period; and(III) for each succeeding 1-year period after the increase made pursuant to subclause (II)(bb), the minimum wage in effect under section 6(a)(1); and
(h) Not later than 60 days prior to the effective date of any increase in the required wage determined in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage.
701A. Rules of construction
Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an “unlawful practice” shall be considered to be a reference to an “unlawful employment practice”.
305. Rules of construction and claims
Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to “race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin” shall be considered to be a reference to “race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), national origin, age, or disability”.
209. Rules of construction and claims
Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to “race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin” shall be considered to be a reference to “race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), national origin, age, or disability”.
2307. Rules of construction and claims
Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to “race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin” shall be considered to be a reference to “race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), national origin, age, disability, marital status, or political affiliation”.
1101. Definitions and rules
(a) Definitions
In title VII:(1) Race; color; religion; sex; sexual orientation; gender identity; national origin
The term race, color, religion, sex, or national origin, used with respect to an individual, includes—(A) the race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin, respectively, of another person with whom the individual is associated or has been associated; and(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin, respectively, of the individual.(2) Gender identity
The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.(3) Including
The term including means including, but not limited to, consistent with the term’s standard meaning in Federal law.(4) Sexual orientation
The term sexual orientation means homosexuality, heterosexuality, or bisexuality.(b) Rules
In title VII—(1) with respect to sex, an individual's pregnancy, childbirth, or related medical condition shall not receive less favorable treatment than other physical conditions; and(2) with respect to gender identity, an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.
1106. Rules of construction
(a) Sex
Nothing in section 1101 or the provisions of title VII incorporating a term defined or a rule specified in that section shall be construed—(1) to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, a medical condition related to pregnancy or childbirth provided by section 701(k); or(2) to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than title VII, prohibiting a practice on the basis of sex, including under the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.).(b) Claims and remedies not precluded
Nothing in section 1101 or title VII shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the BE HEARD in the Workplace Act, regulation, or policy, and including the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.).(c) No negative inference
Nothing in section 1101 or title VII shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex (including the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.)), does not prohibit discrimination on the basis of gender identity, sex stereotype, and pregnancy, childbirth, or related medical conditions.1107. Claims
The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, title VII, or provide a basis for challenging the application or enforcement of title VII.
(3) Losses
Compensatory damages are available under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.
(1) Except as otherwise provided in another subsection of this section, or section 9, the powers, remedies, and procedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9) shall be the powers, remedies, and procedures this Act provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of age in violation of section 4, or regulations promulgated under section 9.(b)
(A) In this subsection, the term workplace harassment means conduct based on race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin, regardless of whether it is direct or indirect, or verbal or nonverbal, that unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment.(i) In this subsection, the term also means sexual harassment, which is conduct that takes place in a circumstance described in clause (ii) and that takes the form of—(I) a sexual advance;(II) a request for sexual favors; or(III) any other conduct of a sexual nature.(ii) A circumstance described in this clause is a situation in which—(I) submission to the conduct involved is made either explicitly or implicitly a term or condition of employment;(II) submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual’s employment; or(III) such conduct unreasonably alters an individual's terms, conditions, or privileges of employment, including by creating an intimidating hostile, or offensive work environment.(B)(1)(2) It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment.(3) In determining, for purposes of this subsection, whether conduct constitutes workplace harassment because the conduct unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment, the following rules shall apply:(A) That determination shall be made on the basis of the record as a whole, according to the totality of the circumstances. A single incident may constitute workplace harassment.(B) Incidents that may be workplace harassment shall be considered in the aggregate, with—(i) conduct of varying types (such as expressions of sex-based hostility, requests for sexual favors, and denial of employment opportunities due to sexual orientation) viewed in totality, rather than in isolation; and(ii) conduct based on multiple protected characteristics (such as sex and race) viewed in totality, rather than in isolation.(C) The factors specified in this subparagraph are among the factors to be considered in determining whether conduct constitutes workplace harassment and are not meant to be exhaustive. No one of those factors shall be considered to be determinative in establishing whether conduct constitutes workplace harassment. Such factors are each of the following:(i) The frequency of the conduct.(ii) The duration of the conduct.(iii) The location where the conduct occurred.(iv) The number of individuals engaged in the conduct.(v) The nature of the conduct, which may include physical, verbal, pictorial, or visual conduct, and conduct that occurs in person or is transmitted, such as electronically.(vi) Whether the conduct is threatening.(vii) Any power differential between the alleged harasser and the person allegedly harassed.(viii) Any use of epithets, slurs, or other conduct that is humiliating or degrading.(ix) Whether the conduct reflects stereotypes about individuals in the protected class involved.(4) In determining, for purposes of this subsection, whether conduct constitutes workplace harassment, conduct may be workplace harassment regardless of whether, for example—(A) the complaining party is not the individual being harassed;(B) the complaining party acquiesced or otherwise submitted to, or participated in, the conduct;(C) the conduct is also experienced by others outside the protected class involved;(D) the complaining party was able to continue carrying out duties and responsibilities of the party's job despite the conduct;(E) the conduct did not cause a tangible injury or psychological injury; or(F) the conduct occurred outside of the workplace.(o)
(8) engaging in workplace harassment, which is conduct based on disability, regardless of whether it is direct or indirect, or verbal or nonverbal, that—(A) unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and(B) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(o)).
(n) It shall be unlawful under subsection (a) to engage in workplace harassment, which is conduct based on age, regardless of whether it is direct or indirect, or verbal or nonverbal, that—(1) unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and(2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(o)).
(d) Workplace harassment
It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on genetic information, regardless of whether it is direct or indirect, or verbal or nonverbal, that—(1) unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and(2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(o)).
(e) It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on uniformed services status (meaning the membership, application for membership, performance of service, application for service, or obligation, described in subsection (a)), regardless of whether it is direct or indirect, or verbal or nonverbal, that—(1) unreasonably alters an individual’s benefits of employment, including by creating an intimidating, hostile, or offensive work environment; and(2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(o)).
(11) Demonstrates
The term demonstrates means meets the burdens of production and persuasion.
(m) The term demonstrates means meets the burdens of production and persuasion.
(8) Demonstrates
The term demonstrates means meets the burdens of production and persuasion.
(m) Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice.
(e) Proof
(1) Establishment
Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice.(2) Demonstration
In establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party—(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that a discriminatory practice occurred under this Act; and(B) shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice.
(1) Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice.(2) In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party—(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful practice occurred under this Act; and(B) shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice.(g)
(e) Proof
(1) Establishment
Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that genetic information or an activity protected by section 207(f) was a motivating factor for any employment practice, even though other factors also motivated the practice.(2) Demonstration
In establishing an unlawful employment practice under paragraph (1) or by any other method of proof, a complaining party—(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful employment practice occurred under this title; and(B) shall not be required to demonstrate that genetic information or an activity protected by section 207(f) was the sole cause of an employment practice.
(1) In general
Except as provided in paragraph (2), the remedies
(2) Certain antiretaliation claims
Section 107(c) shall apply to claims under section 102(e)(1) with respect to title I.
(2) Section 7(b)(2) shall apply to claims under section 4(g)(1).
(1) In general
No
(2) Certain retaliation claims
Subsection (g) shall apply to claims under section 202(d)(1).
(c) Discriminatory motivating factor
On a claim in which an individual establishes a discriminatory practice under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court—(1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and(2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.
(3) Before
(2) On a claim in which an individual establishes an unlawful practice under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court—(A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and(B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.
(g) Motivating factor
On a claim in which an individual establishes an unlawful employment practice under section 202(e)(1), including a claim involving an employee or applicant described in any of subsections (a) through (e), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court or the corresponding decisionmaker specified in subsections (a) through (e)—(1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 202(d)(1); and(2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.
(g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section.
(1) military departments
(2) executive agencies
(3) the United States Postal
(4) those units
(5) those units
(6) the Smithsonian
(7) the Government
(8) the General
(9) the Library
(g) Except as otherwise provided in another subsection of this section, section 7, or section 9, the powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the Commission, the Attorney General, the Librarian of Congress, or any person, alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of subsection (a) against an employee or applicant for employment described in subsection (a).
(h) Section 4(g) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section.
(p) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment—(1) such individual was authorized by that employer—(A) to undertake or recommend tangible employment actions affecting the employee; or(B) to direct the employee’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that hostile work environment.
(b) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes an unlawful employment practice as described under subsection (a) if, at the time of the harassment—(1) such individual was authorized by that employer—(A) to undertake or recommend tangible employment actions affecting the employee; or(B) to direct the employee’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment.
(h) The provisions of sections 703(p) and 704(b) shall apply to hostile work environment claims and retaliatory hostile work environment claims, respectively, under this section.
(o) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that is unlawful under this section if, at the time of the harassment—(1) such individual was authorized by that employer—(A) to undertake or recommend tangible employment actions affecting the employee; or(B) to direct the employee’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that hostile work environment.
(A) such individual was authorized by that employer—(i) to undertake or recommend tangible employment actions affecting the employee; or(ii) to direct the employee’s daily work activities; or(B) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment.
(i) Subsections (d) and (o) of section 4 shall apply to retaliatory hostile work environment claims and hostile work environment claims, respectively, under this section.
(f) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes discrimination against a qualified individual on the basis of disability under this section if, at the time of the harassment—(1) such individual was authorized by the employer—(A) to undertake or recommend tangible employment actions affecting the qualified individual; or(B) to direct the qualified individual’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that hostile work environment.
(c) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes retaliatory discrimination, as described in subsection (a), or the carrying out of any unlawful acts described in subsection (b), if, at the time of the harassment—(1) such individual was authorized by the employer—(A) to undertake or recommend tangible employment actions affecting the employee; or(B) to direct the employee’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment.
(h) Subject to section 206(j) of the BE HEARD in the Workplace Act, each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution shall be liable for the acts of any individual within such department, agency, instrumentality, or the Smithsonian Institution whose harassment of an individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes nonaffirmative action employment discrimination under this section if, at the time of the harassment—(1) such individual was authorized by that department, agency, instrumentality, or the Smithsonian Institution—(A) to undertake or recommend tangible employment actions affecting the individual with a disability; or(B) to direct the daily work activities of the individual with a disability; or(2) the negligence of that department, agency, instrumentality, or the Smithsonian Institution led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.
(e) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer described under subsection (b) shall be liable for the acts of any individual whose harassment of a qualified individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes employment discrimination under this section if, at the time of the harassment—(1) such individual was authorized by such employer—(A) to undertake or recommend tangible employment actions affecting the qualified individual with a disability; or(B) to direct the daily work activities of the qualified individual with a disability; or(2) the negligence of such employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.
(3) Sections 501(h) and 504(e) shall apply to hostile work environment claims and retaliatory hostile work environment claims under this section.
(d) Subject to section 206(j) of the BE HEARD in the Workplace Act, a nongovernmental employer shall be liable for the acts of any individual whose harassment of an employee has created a hostile work environment or a retaliatory hostile work environment, constituting an unlawful employment practice, if, at the time of the harassment—(1) such individual was authorized by the employer—(A) to undertake or recommend tangible employment actions affecting the employee; or(B) to direct the employee’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.
(f) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment—(1) such individual was authorized by the employer—(A) to undertake or recommend tangible employment actions affecting the employee; or(B) to direct the employee’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that hostile work environment.
(A) such individual was authorized by the employer—(i) to undertake or recommend tangible employment actions affecting the employee; or(ii) to direct the employee’s daily work activities; or(B) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment.
(c) Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer of an individual described under section 304(a) shall be liable for the acts of any individual whose harassment of a State employee described in section 304 has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section, if at the time of the harassment—(1) such individual was authorized by such employer—(A) to undertake or recommend tangible employment actions affecting the employee; or(B) to direct the employee’s daily work activities; or(2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.
(c) Liability of employing office
Subject to section 206(j) of the BE HEARD in the Workplace Act, an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section if, at the time of the harassment—(1) such individual was authorized by the employing office—(A) to undertake or recommend tangible employment actions affecting the covered employee; or(B) to direct the covered employee’s daily work activities; or(2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.
(e) Outside individuals
Subject to section 206(j) of the BE HEARD in the Workplace Act, an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment that constitutes discrimination under this section if, at the time of the harassment—(1) such individual was authorized by the employing office—(A) to undertake or recommend tangible employment actions affecting the covered employee; or(B) to direct the covered employee’s daily work activities; or(2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.
(e) Notwithstanding chapter 1 of title 9, United States Code (commonly known as the “Federal Arbitration Act”), or any other provision of law, it shall be an unfair labor practice under subsection (a)(1) for any employer—(1) to enter into or attempt to enforce any agreement, express or implied, whereby prior to or after a dispute to which the agreement applies, an employee undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee in any forum that, but for such agreement, is of competent jurisdiction;(2) to coerce an employee into undertaking or promising not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee; or(3) to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee:Provided, That any agreement that violates this subsection or results from a violation of this subsection shall be to such extent unenforceable and void: Provided further, That this subsection shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization.
5 Arbitration of Work Disputes
Sec.501. Definitions.502. Validity and enforceability.501. Definitions
In this chapter:(1) Commerce; employee; employer
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).(2) Covered entity
The term covered entity means—(A) an employer; or(B) an individual or entity that is not acting as an employer and engages the services of a worker.(3) Presdispute arbitration agreement
The term predispute arbitration agreement has the meaning given the term in section 401.(4) Postdispute arbitration agreement
The term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement.(5) Worker
The term worker means—(A) an employee engaged in an activity affecting commerce; or(B) an individual, engaged in an activity affecting commerce, who is engaged by a covered entity to perform services or work as an independent contractor (regardless of the label or classification assigned or used by the covered entity).(6) Work dispute
The term work dispute—(A) means a dispute between one or more workers (or their authorized representatives) and a covered entity arising out of or related to the work relationship or prospective work relationship between the workers and the covered entity; and(B) includes—(i) a dispute regarding the terms of, payment for, advertising of, recruitment of, referring of, arranging for, or discipline or discharge in connection with work performed in connection with such work relationship;(ii) a dispute arising under any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including any part of such a law not explicitly referenced in such section that relates to protecting individuals on a basis that is protected under a law referred to or described in such section; and(iii) a dispute in which an individual or individuals seek certification—(I) as a class under rule 23 of the Federal Rules of Civil Procedure;(II) as a collective action under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)); or(III) under a comparable rule or provision of State law.502. No validity or enforceability
(a) In general
Notwithstanding any other provision of this title—(1) no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a work dispute;(2) no postdispute arbitration agreement that requires arbitration of a work dispute shall be valid or enforceable unless—(A) the agreement was not required by the covered entity, obtained by coercion or threat of adverse action, or made a condition of employment, work, or any employment-related or work-related privilege or benefit;(B) each worker entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average worker of—(i) the right of the worker under paragraph (3) to refuse to enter the agreement without retaliation; and(ii) as applicable, the protections under section 8(a)(6) of the National Labor Relations Act (29 U.S.C. 158(a)(6));(C) each worker 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(D) each worker entering into the agreement affirmatively consented to the agreement in writing; and(3) no covered entity may retaliate or threaten to retaliate against a worker for refusing to enter into an agreement that provides for arbitration of a work dispute.(b) Statute of limitations
The statute of limitations for bringing an action that arises from or forms the basis for the applicable work dispute shall be tolled during the waiting period described in subsection (a)(2)(C).(c) Civil action
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 covered entity 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)).(d) Applicability
(1) In general
This chapter applies to covered entities and workers to the fullest extent permitted by the Constitution of the United States, including the work of persons engaged in domestic service in households, as described in section 2(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)). 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 purports to delegate such determinations 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.(2) Collective bargaining agreements
Nothing in this chapter shall apply to any arbitration provision in a contract between a covered entity and a labor organization, except that no such arbitration provision shall have the effect of waiving the right of a worker 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.
5.Arbitration of work disputes501.