To amend title 38, United States Code, to improve the protection and enforcement of employment and reemployment rights of members of the uniformed services, 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 ``Servicemember Employment Protection Act of 2012''.
SEC. 2. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES ARISING UNDER USERRA.
(a) In General.--Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 4328. Unenforceability of agreements to arbitrate disputes ``(a) Protection of Employee Rights.--Notwithstanding any other provision of law, any clause of any agreement between an employer and an employee that requires arbitration of a dispute arising under this chapter shall not be enforceable. ``(b) Exceptions.--(1) Subsection (a) shall not apply with respect to any dispute if, after such dispute arises, the parties involved knowingly and voluntarily agree to submit such dispute to arbitration. ``(2) Subsection (a) shall not preclude the enforcement of any of the rights or terms of a valid collective bargaining agreement. ``(c) Validity and Enforcement.--Any issue as to whether this section applies to an arbitration clause shall be determined by Federal law. Except as otherwise provided in chapter 1 of title 9, the validity or enforceability of an agreement to arbitrate referred to in subsection (a) or (b)(1) shall be determined by a court, rather than the...