The House of Representatives on Monday night voted overwhelmingly to pass a bill that would effectively end forced arbitration in sexual assault and harassment claims brought by victims.
On Thursday, the Senate passed the bill by voice vote, sending the measure to President Joe Biden's desk for his signature.
The bill, known as H.R.4445, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, passed with a largely bipartisan 335-97 vote, with 113 Republicans joining every House Democrat to pass the bill. All 97 “no” votes came from Republican members of the House.
The bill centers on arbitration clauses or agreements in contracts, which require that employees or consumers who have a dispute with a company that they’ve signed an agreement with must take their dispute to arbitration instead of a court.
Critics of the practice have said that too many companies are using arbitration to sweep such matters under the rug.
“More than 60 million Americans are subjected to forced arbitration clauses in the workplace, preventing them from choosing how to seek justice for wrongful and abusive treatment,” said Rep. Pramila Jayapal, D-Wash., one of the bill’s co-sponsors. “Survivors should have the opportunity to use their voices however they see fit.”
“We’ve heard a flood of stories of sexual assault and harassment that has gone unchecked for far too long,” said Illinois Rep. Cheri Bustos, who introduced the legislation. “But little known legal agreements hidden in all sorts of places have continued to bar millions of Americans from speaking out or seeking justice.”
“From employment paperwork and lease agreements to the terms and conditions for apps and services, the majority of Americans have unknowingly signed their rights away,” Bustos added. “Nullifying these ‘forced arbitration’ clauses for sexual assault and harassment claims will let survivors’ voices be heard.”
Despite the widely bipartisan support in both chambers, some Republicans have voiced their opposition to the bill, claiming it would lead to the federal government encroaching on private workplace matters.
“What’s happened to so many women and others in the workplace is terrible, but I really am concerned that by involving the government in these contracts between adults in the area of sexual harassment and assault, we’re opening the door for more government involvement in other areas of contracts,” Minnesota Rep. Michelle Fischbach said at a House Judiciary Hearing on forced arbitrations in November of last year.
Rep. Jim Jordan, R-Ohio, said Monday night that the bill will result in women “to lose the potential benefits of arbitration.”
“Lawsuits are normally long and costly, and companies often have enough money to vigorously defend these claims,” Rep. Jordan said, calling such suits “an ordeal for victims” and saying that arbitration “can be a welcomed alternative to the rigors and trauma of litigation.”
The White House has indicated that the president will sign the bill into law once it reaches his desk.
“This legislation advances efforts to prevent and address sexual harassment and sexual assault, strengthen rights, protect victims, and promote access to justice,” the White House said in a statement of support for the bill released earlier this month. “The Administration is committed to eliminating sexual harassment and assault, and looks forward to working with the Congress on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act as it proceeds through the legislative process.”
The Biden Administration said it “also looks forward to working with the Congress on broader legislation that addresses these issues as well as other forced arbitration matters, including arbitration of claims regarding discrimination on the basis of race, wage theft, and unfair labor practices.”
Spectrum News' Angi Gonzalez contributed to this report.