Protecting the Employment Rights of Servicemembers Act

Protecting the Employment Rights of Servicemembers Act

This bill updates employment and reemployment rights of members of the uniformed services by making arbitration requirements unenforceable unless the parties consent to such arbitration in relation to employment or reemployment claims. The bill provides that consent is not voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of employment and reemployment rights as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2195 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2195

    To amend title 38, United States Code, to clarify the scope of 
procedural rights of members of the uniformed services with respect to 
   their employment and reemployment rights, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2021

  Mr. Cicilline (for himself, Mr. Takano, Mr. Reschenthaler, and Mr. 
   Golden) introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to clarify the scope of 
procedural rights of members of the uniformed services with respect to 
   their employment and reemployment rights, 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 ``Protecting the Employment Rights of 
Servicemembers Act''.

SEC. 2. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT 
              RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.

    (a) Clarification Regarding Definition of Rights and Benefits.--
Section 4303(2) of title 38, United States Code, is amended--
            (1) by inserting ``(A)'' before ``The term''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Any procedural protections or provisions set forth in 
        this chapter shall also be considered a right or benefit 
        subject to the protection of this chapter.''.
    (b) Clarification Regarding Relation to Other Law and Plans for 
Agreements.--Section 4302 of such title is amended by adding at the end 
the following:
    ``(c)(1) Pursuant to this section and the procedural rights 
afforded by subchapter III of this chapter, any agreement to arbitrate 
a claim under this chapter is unenforceable, unless all parties consent 
to arbitration after a complaint on the specific claim has been filed 
in court or with the Merit Systems Protection Board and all parties 
knowingly and voluntarily consent to have that particular claim 
subjected to arbitration.
    ``(2) For purposes of this subsection, consent shall not be 
considered voluntary when a person is required to agree to arbitrate an 
action, complaint, or claim alleging a violation of this chapter as a 
condition of future or continued employment, advancement in employment, 
or receipt of any right or benefit of employment.''.
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