The U.S. House of Representatives recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445). Some of the key points of the bill include:
- Employers that require workers to sign pre-dispute arbitration agreements would have to exclude sexual harassment claims.
- Any arbitration agreement signed before a claim or dispute involving sexual assault or harassment arises is voidable at the option of the claimant.
- The legislation would also apply to sexual harassment or assault claims brought in a joint, class, or collective action.
The bill’s proponents say the legislation gives survivors of sexual assault or harassment the choice to speak publicly about their experiences and about how they can pursue their claims. However, the U.S. Chamber of Commerce has expressed concerns that the bill is too broad. According to a statement from the organization, “Arbitration provides a fair, effective, and less expensive means of resolving disputes compared to going to court. Empirical studies demonstrate that employees in arbitration do just as well, or in many circumstances, considerably better, than in court.”
