Congress approves bipartisan bill ending forced arbitration of sexual misconduct claims
Do you support or oppose the bill?
Written by Eric Revell, Countable News
What’s the story?
Both chambers of Congress voted this week to approve a bill invalidating arbitration agreements that prevent a party from bringing a sexual misconduct claim in court. The bill now goes to the desk of President Joe Biden, who is expected to sign it into law soon.
The bill prevents pre-dispute arbitration clauses, such as those often included in employment agreements or customer waivers, from being used in cases of alleged sexual misconduct. In effect, this allows a person alleging sexual misconduct to bring their case to court if they so choose instead of being required to go through a private arbitration process.
It applies to any “sexual harassment dispute” involving conduct directed at an individual or a group of individuals with allegations relating to unwelcome sexual advances; unwanted physical contact that’s sexual in nature, including assault; unwanted sexual attention, including unwanted sexual comments and propositions for sexual activity; conditioning professional, educational, consumer, healthcare, or long-term care benefits on sexual activity; or retaliation for rejecting unwanted sexual attention.
Rep. Carolyn Maloney (D-NY), the bill’s lead sponsor, explained that, “Forced arbitration is a trap ― one that many employees do not even know they have entered until after an incident occurs.” Lead Republican cosponsor Rep. Morgan Griffith (R-VA) added that the bill’s progression through Congress is “an important milestone toward increased accountability in our justice system.”
