Chicago City Council has implemented new policy and training obligations for employers that are to take effect July 1, 2022. Under the new ordinance, employers are to provide training to employees and supervisors on sexual harassment prevention and bystander response.

Additionally, the new ordinance substantially revised sections of the Human Rights Ordinance incorporating former section 2-160-040 ("Sexual Harassment") into section 6-10-040, and moving Chapter 2-160 ("Human Rights") of the Municipal Code to Article 6 ("Worker Protections").

"Forced arbitration silences survivors of sexual assault and harassment. It shields predators instead of holding them accountable and give corporations a powerful tool to hide abuse and misconduct," said Vice President Harris.

On March 3rd, 2022, President Biden signed into law a bill that ends forced arbitration in workplace sexual harassment cases. Employees who are survivors of sexual assault and harassment are no longer subjected to forced arbitration that benefits companies and allows them to shield perpetrators.

Thus far, forced arbitration has encouraged and maintained the culture of abuse in the workplace. This new law holds perpetrators of sexual misconduct accountable. Many employees are subject to arbitration clauses and many times don't even realize the clause buried in the fine print of their employment contract.

Senate Majority Leader Charles E. Schumer said on the Senate floor, "We can't ignore a basic reality of these clauses: They deprive victims of sexual harassment and assault of their basic rights by mandating that they seek remedy only behind the closed doors of private arbitration."

It does not burden employers to make sure its employees are treated fairly and not subjected to sexual harassment. Now, employees have a voice to speak up against their harassers and are no longer silenced by forced arbitration.

A new sexual harassment bill has passed through Congress and is expected to be signed by Joe Biden later this week. Many Americans have terms in their contracts that makes arbitration with alleged perpetrators mandatory after submitting a claim for sexual assault or harassment. These arbitration clauses keep misconduct allegations private because they are often followed up with a Nondisclosure Agreement preventing any further discussion about the topic. Further, they limit legal options because they do not allow for an appeal. They can also be costly, which can be a heavy burden on the worker making the claim.

This bill will void any current arbitration clauses that are in effect and it will be illegal to include them in any other contract once the bill is signed into law. Furthermore, these claims are not restricted to just workplace claims – this bill will cover all forced arbitration clauses in any type of contract. It will also help bring to light the misconduct that is occurring that employees are scared to report. Finally, this bill will also allow for more damages to be won for the victim because you are able to bring the suit into court. This does not mean you can't have arbitration; it just means you aren't being forced into an option that doesn't work for your situation.

This new bill will bring new light to sexual assault and sexual harassment in the workplace. If this has happened to you, or someone you know, you will need an experienced attorney to help you navigate the process and Asonye & Associates are ready to assist you as much as they can.

In 1964, Congress passed the Civil Rights Act of 1964. This landmark legislation aimed at outlawing major forms of discrimination. Among the other titles, Title VII prohibited discrimination in employment on the basis of race, color, religion, sex, or national origin.

While sexual harassment is now considered a form of sex discrimination, it took years for it to be considered so. Courts and legislation, under the Civil Rights Act, did not encompass relief for sexual harassment. In 1972, Congress passed Title IX of the Education Amendments, which prohibits sex discrimination in federally funded schools. This law broadened the reach of sexual harassment laws.

Williams v. Saxbe was the first case that recognized quid pro quo sexual harassment as a type of gender-based or sexual discrimination. In the 1976 case before the U.S District Court for the District of Columbia, the plaintiff was ultimately terminated after refusing her supervisor's sexual advances and continuous harassment and humiliation.

The Equal Employment Opportunity Commission (EEOC) was created to implement the laws to protect the rights created by Title VII. In 1980, the EEOC officially defined sexual harassment in the workplace as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." It was considered to be a form of sex discrimination prohibited by the Civil Rights Act of 1964.

The laws today help protect employees from sexual harassment and discrimination. It's been a long way since 1964 for courts and legislations to maintain that sexual harassment in the workplace is illegal. Today, victims of sexual harassment in the workplace can feel protected under federal and state laws and see a hope for justice.