Congresswoman Scanlon Helps Pass Groundbreaking Labor Bill to End Forced Arbitration for Sexual Assault and Harassment

Washington, D.C. – Congresswoman Mary Gay Scanlon (PA-05) today voted to pass bipartisan, bicameral legislation to end forced arbitration for sexual harassment and assault survivors nationwide. 

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which passed the House of Representatives with a 335-97 vote, will void forced arbitration agreements in any contract if a sexual assault or harassment claim is brought. For employment contracts, more than 60 million Americans would be impacted. That estimate grows exponentially when considering other contracts and terms and conditions where forced arbitration clauses are typically found, such as in nursing homes, property leases, ride-share apps, movers, handyman services, and more.

By voiding forced arbitration clauses in the case of sexual assault and harassment, survivors are provided the freedom to decide what legal path works best for them — which can include bringing a claim in court, discussing their case publicly, or seeking another kind of legal remedy. It will eliminate institutional protection for harassers and abusers and give survivors the chance to pursue justice. 

“Sexual harassment and violence are pervasive in many workplaces and pose a threat to the success and dignity of all workers,” said Rep. Scanlon. “For too long, mandatory arbitration clauses in employment contracts have thwarted efforts to hold accountable predators and the companies that allow their behavior to continue — silencing victims in the process. In addition to protecting survivors, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act is just good public policy.”

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act would stop perpetrators from being able to push survivors of sexual harassment and assault into secretive forced arbitration procedures. 

The bill was introduced earlier this year by U.S. Representatives Cheri Bustos (D-IL), Morgan Griffith (R-VA), and Pramila Jayapal (D-WA), along with U.S. Senators Kirsten Gillibrand (D-NY), Lindsey Graham (R-SC), and Dick Durbin (D-IL), chair of the Senate Judiciary Committee. It has been endorsed by the American Association for Justice (AAJ), Public Citizen, the National Women’s Law Center, the National Partnership for Women and Families, Futures Without Violence, Jewish Women International, Lift Our Voices, National Alliance to End Sexual Violence, National Center on Domestic and Sexual Violence, National Coalition Against Domestic Violence, National Domestic Violence Hotline, National Network to End Domestic Violence, National Partnership for Women and Families, National Women’s Law Center, Public Citizen, RAINN, RALIANCE, Sexual Violence Prevention Association, the Malouf Foundation, the Elizabeth Smart Foundation, and the House LGBTQ Equality Caucus.

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