[Congressional Record Volume 168, Number 27 (Thursday, February 10, 2022)]
[Senate]
[Page S642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ENDING FORCED ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARASSMENT ACT

  Mrs. FEINSTEIN. Madam President, I was proud to support and cosponsor 
S. 2342, the Ending Forced Arbitration of Sexual Assault and Sexual 
Harassment Act of 2021. This bill is critically important in supporting 
survivors who have experienced sexual assault and sexual harassment in 
the workplace.
  Forced arbitration clauses have become increasingly common in 
employment contracts. According to the Economic Policy Institute, 56.2 
percent of private sector, nonunion workers are subject to forced 
arbitration. That means approximately 60 million workers in the United 
States are denied the right to have their employment cases heard by a 
court.
  When it comes to matters of sexual assault and sexual harassment, 
forced arbitration clauses protect predators and prevent survivors from 
seeking justice in the courts for the wrongs they have experienced.
  This practice of forced arbitration is deeply concerning. Employees 
are often not aware that their employment contracts contain arbitration 
clauses, and they often do not understand their effect. Scholars have 
estimated that 98 percent of workers will abandon their legal claims 
instead of pursuing them through the arbitration process. Employees who 
choose to arbitrate are then forced to use company-appointed 
arbitrators and are not able to appeal the decisions.
  Even more troubling, forced arbitration clauses have been used to 
silence survivors of workplace sexual assault and sexual harassment, 
and that is unacceptable.
  This bill will help protect the rights of survivors by allowing 
courts to invalidate forced arbitration clauses when the case involves 
sexual assault or harassment. This will ensure that survivors can bring 
their claims in court if they choose to do so.
  I am proud to cosponsor this bipartisan bill, and I am happy to see 
my colleagues overwhelmingly support it on the floor today.

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