The End of Forced Arbitration

Forced arbitration clauses in employment contracts often push victims of workplace sexual harassment into a biased arbitration and away from justice. These clauses take away a sexual assault and harassment survivor's right to file a complaint in a court. Arbitration clauses in employment contracts force cases to be heard by a private arbitrator selected by the employer. Forced arbitration is a method used by employers to deny sexual assault and harassment victims justice and accountability. As a result, it helps maintain a toxic workplace by burying the misconduct, which silences employee victims from speaking up.

Before Congress, the End Forced Arbitration for Sexual Assault and Sexual Harassment Act of 2021 is pending. This legislation aims to stop employers from forcing mandatory arbitration on its employee victims. It gives employees the right to take their case to a court of law. Thie End Forced Arbitration for Sexual Assault and Sexual Harassment Act of 2021 will hopefully bring reform in workplaces and hold employers accountable.

Thus far, the Senate and House Judiciary Committee voted and approved this legislation. The act is now pending to be voted on by the whole Senate. It must receive majority vote before it can be sent to the House of Representatives. This bipartisan bill could create a dramatic change in employment, allowing victims of workplace sexual harassment to get justice.

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