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Congress Ends Forced Arbitration for Sexual Harassment

Friday, Feb 11, 2022

Image: AP

🏛️ Congress this week approved a bipartisan bill that would ban companies from forcing employees into arbitration to address complaints of sexual assault and harassment.

  • The measure passed in the House by a 335-97 margin and was carried in the Senate by unanimous consent. It’ll now go to President Biden’s desk for his signature.
  • Former Fox News host Gretchen Carlson (☝️) is widely credited with bringing together lawmakers from both parties to support the bill following a years-long campaign.
  • In 2016, she became one of the first high-profile cases of the #MeToo movement by suing now-deceased Fox News CEO Roger Ailes for sexual harassment.
  • Carlson was initially told she didn’t have a case due to a forced arbitration clause in her contract, so she ended up suing Ailes personally under New York civil rights law and later settled with Fox for $20 million.
  • An estimated 60 million American workers have similar clauses forcing them to settle any allegations of sexual misconduct in private arbitration, rather than in court.
  • Many companies defend the practice by saying it’s faster, more efficient, and ensures a greater level of privacy for employees with harassment claims.

+More: Some progressive lawmakers are also pushing to ban forced arbitration for other employee complaints, including those regarding racial discrimination, wage disputes, or labor practices.

+Go deeper: From the Left | From the Right

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