Overview

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) is a landmark federal law that prohibits the enforcement of mandatory arbitration clauses in cases involving sexual assault and sexual harassment. This legislation ensures that survivors have the option to pursue their claims in court, promoting greater transparency and accountability in addressing workplace misconduct

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Origins and Rationale

Before this act, many employment contracts included forced arbitration clauses, requiring employees to resolve disputes through private arbitration rather than public court proceedings. This practice often favored employers, kept allegations confidential, and discouraged survivors from coming forward. The act was introduced to rectify this imbalance, allowing survivors the choice to seek justice through the court system.​
 

Key Provisions

• Invalidation of Mandatory Arbitration Clauses: The act renders pre-dispute arbitration agreements unenforceable for cases related to sexual assault and sexual harassment, granting survivors the autonomy to choose their legal avenues.​

• Applicability: The law applies to any dispute or claim that arises on or after the date of enactment, ensuring immediate protection for survivors.​

 

Impact of Lift Our Voices and Gretchen Carlson

Gretchen Carlson, a former Fox News anchor, became a prominent advocate for workplace rights after filing a sexual harassment lawsuit against then-Fox News chairman Roger Ailes in 2016. Her experience highlighted the pervasive issue of forced arbitration clauses that often silence survivors. In response, Carlson co-founded Lift Our Voices in 2019, alongside Julie Roginsky, aiming to eliminate silencing mechanisms like NDAs and forced arbitration in cases of workplace harassment and discrimination.​

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Carlson's advocacy was instrumental in the passage of the Ending Forced Arbitration Act. She collaborated with bipartisan legislators, testified before Congress, and raised public awareness about the detrimental effects of forced arbitration. Her efforts culminated in the act's passage, marking a significant victory for the #MeToo movement and reinforcing the importance of transparency and justice for survivors.​

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Implications for Individuals

The enactment of this law empowers survivors of sexual assault and harassment by providing them with the choice to pursue their claims in court. It dismantles a significant barrier that previously kept allegations out of the public eye, fostering a more transparent and just approach to addressing workplace misconduct.​

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Current Status

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was signed into law on March 3, 2022, by President Joe Biden. It is currently in effect, offering survivors the legal right to choose how to address their claims without being compelled into arbitration.​

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This legislation represents a pivotal shift in protecting employees' rights and ensuring that survivors of sexual misconduct have access to public legal recourse.

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