S. 3432

Servicemembers Access to Justice Act of 2008

Introduced:
08.01.2008 [Senate]
A vote on this bill is still pending. Further analysis may be available when the bill comes to a vote.
The Legislation: 

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 protects servicemembers from discrimination based on military service. However, former servicemembers faced with discrimination are too often forced into binding arbitration agreements that favor employers and put servicemembers at a disadvantage. Indeed, Public Citizen research shows that arbitration is often costlier for plaintiffs and the end result almost always benefits business to the detriment of plaintiffs who are often elderly, infirm, or low-income. The Servicemembers Access to Justice Act of 2008 makes any binding arbitration clause between an employer and a military servicemember unenforceable. The bill requires that a court, not an arbitrator, determine whether the Servicemembers Access to Justice Act applies to a given arbitration agreement. The Act’s invalidation of binding arbitration clauses does not apply when the parties involved voluntarily agree to arbitration after a dispute and does not extend to collective bargaining agreements. Additionally, the legislation strengthens USERRA, in part by expanding the damages available for violations of the act, by confirming that USERRA has no statute of limitations, and by clarifying that USERRA prohibits wage discrimination.

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