Should Congress ban forced arbitrations that prohibit sexual assualt survivors from filing a lawsuit?

This bill has Passed the House of Representatives
Bill Summary

This bill would amend Title XI of the US Code to invalidate arbitrations that prohibit victims of sexual assault and sexual harassment from filing a lawsuit. Sponsor: Rep. Cheri Bustos (Democrat, Illinois, District 17)
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Opponents say

     "Arbitration works. Its enforcement has been consistently upheld by the Supreme Court and the federal Circuit courts… Relegating businesses to the expensive and protracted prospect of litigation as the only available means for settling disputes--whether related to sexual harassment or otherwise--ultimately results in a burdening of the judicial system, a delay of justice for those aggrieved, and a lining of the pockets of the plaintiffs’ bar who themselves provide the data on why arbitration "doesn't work." Legislation curtailing access to arbitration would injure the very people that Congress has sought to protect for nearly a century." Source: Sarah Perry (Legal Fellow, Meese Center at the Heritage Foundation)


•     "This bill’s supporters seem to assume that all arbitration is secret, that arbitration automatically keeps victims from going to the authorities or publicizing their experiences… Put simply, agreeing to resolve a case outside of court is different than agreeing to silence…H.R. 4445 does not actually address confidentiality or non-disclosure agreements. For example, even if this bill is enacted, its still possible that a separate contract provision could be used to try to impose a confidentiality [agreement] or keep details about an employer under wraps." Source: Rep. Michelle Fischbach (Republican, Minnesota, District 7)


Proponents say

•    "Whether on a factory floor, in a shop on Main Street or in a corporate office, 60 million Americans have signed away their right to seek real justice and most don’t realize it until they try to get help. But survivors of sexual harassment and discrimination in the workplace deserve to have their voices heard. If we want to end sexual harassment in the workplace, we need to take bold and meaningful action now." Source: Rep. Cheri Bustos (Democrat, Illinois, District 17)


•    "This is an important step forward for survivors and for millions of more Americans who have been denied their day in court because of forced arbitration clauses. I am particularly proud that this legislation was passed with bipartisan support, sending a clear message to perpetrators that they will be held accountable." Source: Rep. Jerry Nadler (Democrat, New York, District 10)


•    "Today’s news means both houses of Congress will soon vote on banning forced arbitration clauses when it comes to sexual harassment and assault. By eliminating this silencing mechanism, harassment and assault survivors can speak openly about their experiences and are able to own their own stories." Source: Gretchen Carlson (former Fox News host, Co-Founder of Lift Our Voices)