President Joe Biden signed into law a bill to end the forced arbitration of sexual assault and sexual harassment in workplaces Thursday afternoon, which will allow workers to file suit in court against perpetrators.
The law blocks the practice of employees being forced to waive their rights to sue in the case of sexual harassment or assault and is retroactive to nullify previous agreements.
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“Too often, women are denied a voice and a fair chance,” Biden said in a signing ceremony at the White House. “Today, we send a clear and strong message that we stand with you for safety, dignity, and for justice.”
The bill, dubbed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, passed the House 335-97. It passed in the Senate on a voice vote.
Many employees don’t learn they have forced arbitration clauses in their employment contracts until they file a complaint, the president said. That will no longer be the case for sexual harassment cases. Biden said he wants to prevent forced arbitration for employees in all circumstances in the future and also spoke out against nondisclosure agreements.
Attendees were given black lapel pins that read “End Forced Arbitration.”
“Some survivors will want their day in court, and that should be their choice and nobody else’s choice,” said Biden.
Press secretary Jen Psaki touted the bill earlier in the day, saying today “marks an important milestone in empowering survivors of sexual assault and sexual harassment and protecting employee rights.”
Senate Majority Leader Chuck Schumer said arbitration clauses “deprive victims of sexual harassment and assault of their basic rights by mandating that they seek remedy only behind the closed doors of private arbitration, with no other alternative.”
Former Fox News host Gretchen Carlson spoke during the ceremony ahead of Biden.
“Something great has come from my decision to come forward and stand alongside millions of others to say it’s not OK for companies to hide harassment and assault,” she said. “[This is] an historic day that proves both parties can come together to get something good done. I can’t think of a better way to kick off Women’s History Month than by signing a bill that will make the workplace safer for millions of women.”
Carlson filed a lawsuit against former Fox News CEO Roger Ailes in 2016, claiming sexual harassment. The suit was reportedly settled for $20 million, an early episode in what became known as the #MeToo movement. Carlson has since advocated the passage of the bill.
Vice President Kamala Harris also took to the podium to open the event.
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“Today, we are gathered to celebrate the passage of a law that will make our nation’s workplaces more safe and more just,” Harris said. “It compels the people of our nation, and most often the women of our nation, to sign away one of their most fundamental rights: the right to seek justice in court.”
