President Biden To Sign Bill Ending Forced Arbitration In Sex Harassment And Assault Cases

February 10, 2022 (Washington D.C.) – Today, the Senate passed a bill to put an end to forced arbitration for survivors of sexual assault and harassment. The bill, called the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, was passed with a large bipartisan vote by the House of Representatives earlier in the week and heads to President Biden’s desk for his signature. Sen. Kirstin Gillibrand, D-N.Y., and Sen. Lindsey Graham, R-S.C., introduced the bill five years ago and lawmakers negotiated with business leaders to get support for the bill. In a sign of the overwhelming support for the measure, it was approved by voice vote in the chamber. The bill gives individuals a choice between going to court or going to arbitration to resolve allegations in cases related to sexual harassment or assault. As Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill, stated:

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act represents a fantastic first step in protecting American employees from workplace sexual harassment that for far too long has been hidden from the public and the courts by a system that is rigged to protect corporate America.

Bill sponsor Sen. Kirstin Gillibrand, D-NY.

Helmer Friedman LLP founding partner, Gregory D. Helmer, pictured with Sen. Kirstin Gillibrand, D-N.Y., a sponsor of the bill.

The bill is also retroactive — invalidating any existing forced arbitration clauses in ongoing cases that could make it difficult for any survivors to litigate cases against their employers. Commenting on the passage of the bill, Helmer Friedman LLP founding partner, Gregory D. Helmer, 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 contact Helmer Friedman LLP.