Congress bans arbitration regs in harass cases
In a rare bout of bipartisanship, Congress passed a measure spearheaded by Sen. Kirsten Gillibrand (D-N.Y.) to ban forced arbitration in workplace sexual assault and harassment cases.
The bill, which passed the Senate on Thursday by a voice vote with bipartisan support, would nullify agreements that forced employees to settle sexual misconduct claims in closed-door arbitration venues.
Such agreements are often required as a condition of employment, and most people are unaware that their case would not be heard in a court of law.
“No longer will survivors of sexual assault or harassment in the workplace ... be told that they [cannot] sue their employer because somewhere buried in their employment contracts was this forced arbitration clause,” Gillibrand (inset) said.
The bill was also backed by Sen. Lindsey Graham (R-S.C.) and several other Republicans. Even typically, pro-business lawmakers agree that employees should not be prevented from arguing their case in front of a judge and jury if they believe they’ve been harassed on the job.
“The idea that you’re going to sign away your day in court when you’re abused in the workplace — those days are over,” Graham said.
The House passed the bill Monday in an overwhelming bipartisan 335-to-97 vote.
It now heads to the White House for President Biden’s signature.
The push to end the wonky-sounding practice of forced arbitration has gained steam as the #metoo movement has exposed the sexual misconduct, assault, and harassment epidemic in American workplaces in recent years.
A prominent supporter of the legislation, Gretchen Carlson, a former Fox News host, won a $20 million settlement over claims that then-Fox News CEO Roger Ailes harassed her and made unwanted sexual advances.
Carlson was almost blocked from filing the historic lawsuit, which led to Ailes being ousted because her employment contract included a mandatory arbitration clause.
“Hashtags can galvanize,” Carlson said. “But legislation is the only thing that lasts.”