Date Passed: March 3, 2022
Date In Force: March 3, 2022

 

Overview:
For decades, survivors of sexual harassment and assault in the workplace were forced into private arbitration, locked out of courtrooms and silenced behind closed doors. These arbitration clauses, often buried in employment contracts or onboarding documents, stripped survivors of the right to tell their stories publicly or seek justice through the legal system. H.R. 4445 changed that.

​

This law restores survivors' access to the courts by invalidating forced arbitration clauses in cases involving sexual misconduct. Survivors can now decide for themselves whether to pursue claims through arbitration or bring them before a judge and jury. It also prevents employers from hiding systemic abuse behind confidential settlements and internal proceedings.

​

Key Provisions:
The law applies to all current and future employment contracts, regardless of when the underlying misconduct occurred. It makes pre-dispute arbitration clauses and class action waivers unenforceable in sexual harassment and sexual assault cases. Importantly, survivors retain the choice to enter arbitration voluntarily if they prefer that route.

​

This legislation covers both formal employees and independent contractors, and it applies to private and public employers. It ensures that individuals who have experienced workplace sexual misconduct are no longer isolated from justice or forced into silence by the fine print of a contract.

​

Legislative History:
The bill was introduced with strong bipartisan support and gained momentum amid growing recognition that forced arbitration disproportionately harms victims of sexual harassment. Lawmakers responded to national advocacy efforts and public pressure following high-profile cases across industries. It passed both chambers of Congress and was signed into law by the President on the same day—March 3, 2022—marking a rare moment of swift federal action on a workplace justice issue.

​

Implications for Survivors and The Restitution Project:

 

This legislation removes one of the most significant institutional barriers to justice for survivors. It aligns legal process with the principles of choice, transparency, and accountability. For The Restitution Project, H.R. 4445 represents a foundational victory in the fight to end legal structures that prioritize corporate protection over survivor truth. It sets a new national standard for how sexual misconduct should be addressed in the workplace: in the open, and on the survivor’s terms.

Link to Legislation: