New York Daily News

Congress bans arbitratio­n regs in harass cases

- BY MICHAEL MCAULIFF AND DAVE GOLDINER

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.”

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