Ending Forced Arbitration of Sexual Harassment Act

Gordon Law Group

A bipartisan group of lawmakers is supporting legislation that would eliminate forced arbitration clauses in employment agreements. (View Press Release)

This bill is in its infancy, and currently bans only arbitration of sexual harassment. We have no doubt that much more work will be done on this, and we are working with legislators on the language now. Stay tuned for updates!

Ending Forced Arbitration of Sexual Harassment: A Critical Step Toward Justice for Employees

In a landmark move for workers’ rights, the U.S. Congress has passed the Ending Forced Arbitration of Sexual Harassment Act, a significant piece of legislation designed to give employees more power to seek justice in cases of sexual harassment. This new law effectively ends the practice of forcing employees into mandatory arbitration when they file claims related to sexual harassment. Instead, employees will have the option to bring such claims to court, where they can seek a fair and transparent legal process.

The Ending Forced Arbitration of Sexual Harassment Act is a victory for employees, particularly women, who have historically been discouraged or outright blocked from pursuing their rights in public courts. By making it easier for victims of sexual harassment to seek redress, this law ensures that victims are no longer forced into private, often biased, arbitration proceedings that favor employers.

What the Ending Forced Arbitration Act Means for Employees

Prior to the passing of the Ending Forced Arbitration of Sexual Harassment Act, many employees who experienced sexual harassment were bound by clauses in their employment contracts that required disputes to be resolved through private arbitration, rather than through the courts. Arbitration is a process where a neutral third party makes a binding decision on the dispute, but it often lacks the transparency and fairness of a courtroom trial. Moreover, employers often hold an advantage in these proceedings, and arbitration decisions typically cannot be appealed.

With the new law in place, victims of sexual harassment now have the ability to take their claims to court, where they will have access to a jury of their peers and greater procedural protections. This change represents a crucial step toward achieving justice and accountability in workplaces across the country.

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