A Major Win Against Forced Arbitration
Last week, the Senate voted affirmatively to pass a bill that will improve accountability for survivors of sexual assault and sexual harassment. The bipartisan vote for S. 2342, the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act, came only three days after the House voted overwhelmingly to pass its version of the bill, H.R. 4445.
This bill will restore survivors' rights to hold their perpetrators and the corporations who enable them accountable in court, instead of being forced into arbitration. The bill gives individuals a choice between going to court or going to arbitration to resolve allegations in cases related to sexual harassment or assault. The measure is also retroactive, invalidating any existing forced arbitration clauses in ongoing cases that could make it difficult for any survivors to litigate cases against their employers.
Gretchen Carlson, the former Fox News anchor who accused Roger Ailes, then CEO of the conservative news outlet, of sexual harassment over five years ago, learned the clause forcing arbitration was in her contract. She pursued litigation against Ailes personally and won a settlement, but has been an integral part of the effort to press Congress to change the law. You may recall her story, as it was adapted in the 2019 film Bombshell and preceded a several other high-profile allegations in subsequent years from women against powerful male bosses in the media and entertainment industry.
Speaking at a press conference on Capitol Hill after the bill's passage, Carlson said the bill will have a dual affect, it will "help companies from getting on the right side of history, that's for sure."
It is our hope that because of our continued commitment to these efforts, an ever-increasing number of Americans will realize what trial lawyers have known for far too long: that countless survivors, workers, and consumers have long been silenced by forced arbitration. Today is a significant step forward in the fight to restore the rights of all Americans to seek justice.
The courage of the survivors and advocates who came forward at great personal risk to tell their stories to Congress was critical to the success of the bill that was passed last week.
The American Association for Justice (AAJ) has been an influential force in the fight against forced arbitration. AAJ’s CEO, Linda Lipsen says, “We will continue this fight, and we will do it by empowering all victims' voices to be heard.”