[Congressional Record Volume 168, Number 27 (Thursday, February 10, 2022)]
[Senate]
[Pages S642-S643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENDING FORCED ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARRASSMENT ACT
Mrs. GILLIBRAND. Madam President, I want to be clear, there is
nothing in the bill requiring any court to adopt new dismissal
mechanisms for victims' claims. How and when a case moves forward is by
virtue of current existing State or Federal law. There is no new
mechanism in this bill to allow for dismissal, and there is no reason
to require victims to have to prove a sexual assault or harassment
claim prior to trial or have it go back through a forced arbitration
process. Civil assault and battery claims are very difficult to prove
under especially arcane State laws. But this bill allows any conduct
alleging a violation of those laws, and any claims related to such
conduct, to move forward together in one case.
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