It was one of the biggest workplace reforms in decades. The Senate has passed a bill halting clauses in employment contracts that force sexual abuse and harassment victims to pursue their cases through arbitration. The bill was approved by an overwhelming bipartisan majority in the House of Representatives by 335-97. Now, the bill awaits an executive signoff from President Biden.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Introduced
The bill, called the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, bans forced arbitration in cases of sexual misconduct within corporations. During arbitration, the identity of the perpetrators in these cases is protected, and their actions are kept private and within the company. The passing of this bill will give victims of abuse, assault, and harassment the choice to bring their case outside the confines of their employer to tribal, state, or federal court. This defies the previous legal provisions in their employment contract that did not allow them to have a day in court.
Historically, sexual assault and harassment case outcomes in the workplace have skewed towards the employer’s interest, silencing survivors and shielding wrongdoers through this secretive approach. Many employers have used these harmful arbitration clauses, impacting over 60 million Americans. However, this bill will allow survivors to speak publicly about their experience and receive the justice that they deserve.
Fortunately, once signed into law, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act will void existing forced arbitration clauses in employment contracts that employees must sign. As a result, employees will now have the option to pursue arbitration for their allegations or bring their case outside of the corporation to court. Additionally, employers will be prohibited from writing forced arbitration clauses into their contracts moving forward.
Sexual Harassment and Assault Attorneys in the Triad
This new legislation dramatically alters the landscape of what employees can do to right the wrong of sexual misconduct in the workplace. Unfortunately, many American workers still struggle to bring their misconduct cases to light. These cases are complex and deeply personal and generally have many legal hurdles for a victim to receive fair treatment and recovery for their experience. Fortunately, the attorneys at Daggett Shuler are here to help.
If you or a loved one have been harassed or assaulted at work, you may have a claim against your employer. In that case, you must have a strong legal team in your corner. Contact the experienced team of sexual misconduct attorneys at Daggett Shuler to ensure that your voice is heard and your rights are protected throughout the duration of your case. Fill out and submit a contact form online or call our office toll-free at 336-724-1234 for a free consultation today.