U.S. Congress passes a ban on arbitration for worker sexual abuse claims.
WASHINGTON: The U.S. Senate on Thursday passed a bill that would prohibit employers from forcing employees who complain of sexual harassment or sexual assault to settle their complaints with an arbitrator, without having the option of filing an action.
The House of Representatives passed the bill earlier this week that was subsequently sent to president Joe Biden to sign into law.
The Senate passed it by a unanimity vote, which indicated widespread bipartisan support within the chamber that is a bit splintered.
The ending of the Forced Arbitration of Sexual Assault and Sexual Harassment Act was first proposed by Democratic Senator Kirsten Gillibrand and Republican Senator Lindsey Graham in 2017.
The legislation would offer federal protection for employees’ rights to sue employers for sexual assault or harassment accusations.
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It would also eliminate clauses in employment agreements that require employees to seek arbitration with their employers instead.
Around sixty million Americans are subject to compulsory arbitration clauses, which are “especially prevalent in industries with a majority of females,” Gillibrand said on the Senate floor before the vote.
She explained that the law will fix “a flawed system that is protecting corporate and criminals and would put an end to the silence of victims.”
The forced arbitration clauses are usually in conjunction with a non-disclosure clause, Gillibrand said.
“Instead of having their right to be heard in court, these survivors are forced to participate in an arrangement designed by the very corporations they’re challenging,” she said.
Republican Senate Joni Ernst, in a speech at the Senate floor, stated that the bill would ensure it is guaranteed that “survivors from sexual violence and assault … voice won’t be shut out.”
She pointed out that the bill is a bit narrowly written. “This bill shouldn’t be used as a vehicle to destroy agreement on pre-dispute arbitration in any workplace matters.”
The bill is among several pieces of legislation approved by a dispersed Senate this year, which includes the $1 trillion infrastructure plan and a debt limit increase.
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