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Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

On February 10, 2022, the United States Senate passed H.R. 4445, which is an amendment to the Federal Arbitration Act (FAA). This Bill is also known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This Bill previously passed the House by a vote of 335–97.

 

What is the Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021?

 

The Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is a bill that would prohibit employers from requiring employees to arbitrate sexual assault or harassment claims. This would end forced arbitration, which is often used to silence victims of sexual assault and harassment. 

 

The benefits of the Bill include: 

  • Ending forced arbitration would allow victims to have their claims heard in a court where they can get a fair hearing. 
  • Victims would no longer be required to sign away their right to sue in order to pursue justice for sexual assault or harassment. 
  • Employers would no longer be able to use forced arbitration as a way to avoid responsibility for their actions.

 

What are the Benefits of this Bill?

 

The benefits of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 are twofold. First, it would ensure that victims of sexual assault and harassment have the opportunity to pursue justice through the courts, where they can get a fair hearing and be protected from retaliation. Second, by prohibiting employers from requiring employees to arbitrate sexual assault or harassment claims, this bill would help to end a practice that often silences victims and prevents them from seeking redress for their injuries.

 

What is the Purpose of Forced Arbitration?

 

The purpose of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is to ensure that victims of sexual assault and harassment have the opportunity to pursue justice through the courts, where they can get a fair hearing and be protected from retaliation.

 

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 would end forced arbitration agreements for sexual harassment and sexual assault in workplaces. The legislation would prohibit employers from requiring their employees to sign these agreements as a condition of employment. Instead, an employee would be able to file their discrimination claim in court. Forced arbitration agreements bar employees from bringing claims in state or federal court, and instead force them to pursue their claims in arbitration, where only the employer and the employee can take part in hearing the case. Arbitration is a secretive process that denies people their day in court and forces them to settle their cases behind closed doors.

 

Final Words

 

The Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 would end forced arbitration, which is often used to silence victims of sexual assault and harassment. This would give these individuals the opportunity to pursue justice through the courts, where they can get a fair hearing and be protected from retaliation. It is a quick and easy way to get your case heard by a neutral arbitrator.

Attend the Compliance Prime webinar to learn more about the Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

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