The US Senate on Thursday approved an historic bill prohibiting forced arbitration agreements for victims of sexual assault and harassment in the workplace.
Titled “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,” Senators Kirstin Gillibrand and Lindsey Graham introduced the bill five years ago. The House voted 335-97 on Monday with overwhelming bipartisan support to pass the bill. It passed the Senate by unanimous consent, which is a procedure that is rarely used for significant legislation. The bill will now head to President Joe Biden who has previously stated his support for the legislation.
The bill gives victims of sexual harassment and sexual assault the choice between going to court or going to arbitration, prohibiting employers from forcing victims into arbitration. Gillibrand explained that arbitration is secretive, biased and denies people their constitutional right to a day in court.
Furthermore, the bill is retroactive because it invalidates existing forced arbitration clauses. This opens the door for individuals previously bound by such clauses to take legal action. According to Gillibrand, estimates indicate approximately 60 million Americans are subject to forced arbitration clauses and this bill represents “one of the most significant workplace reforms in the last 50 years.”
Senate Majority Leader Chuck Schumer added:
for decades, workplace practices like mandatory arbitration have perpetuated cultures of abuse and unaccountability. We can’t ignore a basic reality of these clauses: they deprive victims of sexual harassment and assault of their basic rights by mandating they seek remedy only behind closed doors of private arbitration, with no other alternative. This is wrong, it is unfair, and it’s about time it changed. And that’s exactly what we will accomplish through this bipartisan legislation. It will not only ensure that those who’ve suffered sexual harassment or assault have the option to go to court if they choose, it will also be retroactive: people locked into these clauses right now will benefit just as much as new employees will in the future…It was truly a collaborative effort by the Senate, and thanks to everyone’s work, forced arbitration for sexual assault and harassment will soon be a thing of the past.
