Congress approves bill ending forced arbitration in cases of sexual assault
Senate passed legislation to ban the use of clauses in employment contracts that make victims of sexual assault or harassment subject to forced arbitration. This protects accused perpetrators.
The bill was introduced by Sen. Kirstin and Sen. Lindsey Graham (both D-N.Y.) five years ago. Legislators negotiated with business leaders in order to gain support for it. It was passed by voice vote in the chamber, indicating the overwhelming support for this measure.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was passed by the House of Representatives with a strong bipartisan vote. It now heads to President Biden for his signature.
Individuals have the option of going to court or arbitration in sexual harassment and assault cases. This measure is retroactive, meaning that any existing forced arbitration clauses in ongoing lawsuits against employers are invalidated. It also makes it easier for survivors to bring cases against their employers. Gillibrand called this “one of most important workplace reforms in history.” These clauses are believed to be in force for 60 million Americans, according to estimates.
Graham stated, “No more arbitration at the basement regarding misconduct up top.” Graham predicted that corporations would “up their game” to adopt new practices and will adopt the bill.
Gretchen Carlson was the Fox News anchor who, more than five decades ago, accused Roger Ailes of sexual harassment. She later learned that her contract contained a clause for arbitration. Ailes was sued by Carlson personally. She won a settlement and has participated in the push to amend the law. Her story was made into the movie Bombshell. It preceded many other high-profile allegations by women against male bosses in media and entertainment.
Carlson stated that the bill would have a double effect, it will “help businesses from getting on to the right side of the history, that’s certain” at a press conference held on Capitol Hill following its passage.
She said that it would stop bad behavior, as “bad actors” will realize that women will speak out about the real issues at work.
Graham stated that the bill only addressed allegations of sexual assault or harassment. He also warned that “we don’t intend to take unrelated claims from the contracts.” According to the Republican, the intention was to make it easier to obtain justice without gaming the system.
Senator Majority Leader Chuck Schumer (D-N.Y.) called the bill “a historic reform bill, and one which’s painfully past due.”
He stressed that it would not only provide the right for victims of sexual harassment and assault to have the opportunity to go to court, but that it would also retroactively benefit them: employees who are already bound by these clauses will be just as well as future employees.
