Today, the Senate passed a monumental piece of legislation for employment law cases, banning the mandatory arbitration of sexual assault and sexual harassment claims. Instead, the bill, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, allows victims of sexual assault and harassment to sue their perpetrators, including their employers, in Court. Once signed by President Biden, the new law will apply to any wrongdoing on the day of or after the date of enactment.
As I have previously written, arbitration is a rigged system of justice in which employers are able to hide their wrongdoing in a confidential process where the judge is bought and paid for by the employer. Arbitration judgments are rarely appealable and employees seldom win.
This bill brings some light at the end of the tunnel for victims of sexual assault and sexual harassment. As Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill, stated:
This bill represents one of the most significant workplace reforms in American history …It will help us fix a broken system that protects perpetrators and corporations and end the days of silencing survivors. …The arbitration process not only allows the corporations to hide sexual harassment and assault cases in this secretive and often biased process, but it shields those who committed serious misconduct from the public eye.”
If you believe that you have been the victim of sexual assault or harassment in the workplace, please reach out.a
