Bills
| 3.23.22

Should Binding Arbitration Agreements for Sexual Assault & Harassment Claims Be Eliminated? (H.R. 4445)

Do you support or oppose this bill?

Bill Status

  • The House passed this bill on a vote of 335-97 on 2/7/22.
  • The Senate passed this bill on a voice vote on 2/10/22.
  • This bill was enacted and signed into law on 3/3/22.

What is H.R. 4445?

(Updated March 13, 2022)

This bill — known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 — would invalidate arbitration agreements that preclude a party from filing a lawsuit in court involving sexual assault or sexual harassment at the election of the party alleging such conduct. This change would apply to any “sexual harassment dispute” involving conduct directed at an individual or a group of individual with allegations relating to unwelcome sexual advances; unwanted physical contact that’s sexual in nature, including assault; unwanted sexual attention, including unwanted sexual comments and propositions for sexual activity; conditioning professional, educational, consumer, healthcare, or long-term care benefits on sexual activity; or retaliation for rejecting unwanted sexual attention.

Argument in favor

Binding arbitration agreements have prevented victims of sexual assault and sexual harassment from bringing their claims and presenting evidence in court, and the arbitration process has effectively protected sexual predators from the public scrutiny that comes with a trial. Congress should void arbitration agreements covering sexual assault and sexual harassment claims.

Argument opposed

People who signed a contract that included a legally-binding agreement to settle claims of sexual assault or sexual harassment through the arbitration process should be bound to follow it rather than having Congress nullify such provisions to allow those claims to be litigated through a costly and time-consuming process in court.

Impact

People and entities impacted by arbitration agreements for sexual assault and sexual harassment claims; and courts.

Cost of H.R. 4445

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Cheri Bustos (D-IL) introduced this legislation to end forced arbitration agreements for sexual harassment and sexual assault claims and offered the following statement after it was approved by the House Judiciary Committee:

“The #MeToo movement has chipped away at the culture of secrecy that protects predators and silences survivors — but ending mandatory arbitration has the power to bring it all crashing down. Whether on a factory floor, in a shop on Main Street or in a corporate office, 60 million Americans have signed away their right to seek real justice and most don’t realize it until they try to get help. But survivors of sexual harassment and discrimination in the workplace deserve to have their voices heard. If we want to end sexual harassment in the workplace, we need to take bold and meaningful action now.”

Lead Republican cosponsor Rep. Morgan Griffith (R-VA) said that committee passage of the bill “was an important milestone toward increased accountability in our justice system” and the committee’s vote “affirmed that those who experience sexual assault and harassment deserve a day in court.” Another GOP cosponsor, Rep. Ken Buck (R-CO), added, “This legislation not only gives victims the freedom to choose the best legal path to vindicate their rights, it also puts employers on notice that these crimes may no longer be ignored.”

This bill passed the House Judiciary Committee on a mostly-party line vote of 27-14 with four Republicans joining Democrats by voting in favor. An additional GOP lawmaker, Rep. Burgess Owens (R-UT), noted that he meant to vote in favor of advancing the bill and voted no by mistake which would’ve made it five GOP votes in favor and a 28-13 margin.

This legislation has the support of 25 bipartisan cosponsors in the House, including 17 Democrats and eight Republicans. An identical companion bill introduced in the Senate by Sens. Kirsten Gillibrand (D-NY), Lindsey Graham (R-SC), and Judiciary Committee Chairman Dick Durbin (D-IL), has the support of 23 bipartisan cosponsors, including 13 Democrats and 10 Republicans.


Media:


Summary by Eric Revell

(Photo Credit: iStock.com / gesrey)