On Thursday, February 10th, 2022, the United States Senate passed S. 2342, The Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act. This bill comes just three days after The U.S. House of Representatives passed it’s own version of the bill, H.R. 4445.
The new bill will improve accountability for survivors or sexual assault and sexual harassment and restore their rights to hold perpetrators and the corporations who enable their actions accountable, rather than be forced into arbitration. Specifically, the bill invalidates arbitration agreements that prevent parties from filing lawsuits in court.
Ҥ 402. No validity or enforceability
“(a) In General.—Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a sexual assault dispute or sexual harassment dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.
“(b) Determination Of Applicability.—An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.”.
View the full text of the bill here
How This Bill Impacts Survivors of Assault and Harassment
Forced arbitration agreements have become increasingly popular among U.S. employers. In fact, as many as 60 million employees have signed contracts that deny their rights to have employment cases heard. These agreements are especially harmful in cases of sexual assault, where they protect and shield predators and the institutions that look the other way or cover up their actions.
At Panish | Shea | Ravipudi LLP, we have significant experience representing survivors of sexual assault and sexual harassment. We understand the implications the passing of this bill has on protecting survivors and allowing them to hold perpetrators accountable.