[Congressional Record Volume 168, Number 26 (Wednesday, February 9, 2022)]
[Senate]
[Page S582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                           Forced Arbitration

  Mr. President, on forced arbitration, before the end of the week, it 
is my intention to have the Senate take action on one of the most 
important workplace reforms that we have seen in decades--eliminating 
forced arbitration for sexual harassment and assault.
  Yesterday, I sat down with my Republican colleagues, Senators Lindsey 
Graham and Joni Ernst, and we worked out an agreement on a few 
outstanding issues that will clear the path for the Senate, we believe, 
to hold a vote very soon on this issue. I want to thank them for their 
good faith and cooperation. And I especially want to thank my friend 
and colleague from New York, Senator Gillibrand, for being the leader 
on this important issue for so, so long.
  For decades, it has been common practice for employers to tuck 
arbitration clauses into the fine print of employment contracts. Today, 
these clauses effectively function as preconditions for getting hired 
to a new job. Most workers may not even realize what they have signed 
on to until it is too late, after the fact.
  Today, we can no longer ignore that forced arbitration has proven 
immensely harmful when it comes to sexual harassment and sexual 
assault. When workers--almost always women--face abuse or harassment at 
the hands of their employers, forced arbitration immediately limits 
their options for remedy. The deck is stacked against them from the 
start, and thus abusers rarely face true accountability. That is awful 
and must change.
  And all of it is going to change very soon. By passing bipartisan 
legislation to end forced arbitration for sexual harassment and 
assault, we will ensure that those who face abuse will have the freedom 
to exercise their basic right to pursue action against harmful 
employers in court. This is long, long overdue, and I want to commend 
both sides for working together to getting us close to the finish line. 
I expect we will hold a vote on this to pass this legislation in the 
very near future, and the benefits of the legislation will be felt 
across the country and last for a very, very long time.
  Bottom line, ending forced arbitration for sexual harassment and 
assault is about making our workplaces safer, holding abusive employers 
accountable, and making sure that every American can exercise their 
right to seek justice in a court of law.