The House on Monday passed a bill that would ban mandatory arbitration in sexual harassment cases.
The legislation, HR 4445, or the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, was introduced by Rep. Cheri Bustos, a Democrat from Illinois, and co-sponsored by Republicans and Democrats in both chambers’ versions. It was approved in a bipartisan 335-97 vote.
The bill would amend the Federal Arbitration Act to ban employers from including clauses in contracts that require workers to litigate sexual assault and sexual harassment claims in private forums rather than in court. Critics say the practice silences victims of harassment and assault and allows employers to avoid scrutiny.
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“It’s time to do away with these legal traps for good,” Bustos said in remarks on the House floor.
Senate Majority Leader Chuck Schumer said in remarks Monday on the floor that the chamber could act as soon as this week on the bill.
“Once this important bill passes the House, the Senate will move as soon as this week to quickly take up this bill and send it to President Biden’s desk,” Schumer said.
The Senate version of the bill has 10 Republican co-sponsors, which means it has the necessary support to overcome a filibuster. It advanced out of the Senate Judiciary Committee in November.
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The White House said President Joe Biden supports the bill in a statement of administration policy.
