[US] Congress approves milestone sexual harassment bill

On February 10, the US Congress gave final approval to legislation guaranteeing that people who experience sexual harassment at work can seek recourse in the courts. The bill is a milestone for the #MeToo movement and a positive step towards improving the way sexual misconduct claims are handled, Texarkana Gazette reports.

The new legislation is next expected to be signed into law by President Joe Biden. It bars employment contracts from forcing people to settle sexual assault or harassment cases through arbitration rather than in court, a practice that often benefits employers and keeps misconduct allegations from becoming public.

The bill is retroactive, which is significant because it nullifies language compelling arbitration in contracts nationwide and opens the door for people who had been bound by it to take legal action.

Senator Kirsten Gillibrand - who has spearheaded the legislative effort - called it "one of the most significant workplace reforms in American history."

Senator Gillibrand said the arbitration process is secretive and biased and denies people a basic constitutional right; their day in court.

"No longer will survivors of sexual assault or harassment in the workplace come forward and be told that they are legally forbidden to sue their employer because somewhere in buried their employment contracts was this forced arbitration clause," she said.

Senator Gillibrand has focused on combating sexual harassment and sexual misconduct in the military. She originally introduced the legislation in 2017 with Senator Lindsey Graham.

The legislation was rare in its broad, bipartisan support in a divided Congress. That allowed the bill to be passed in the Senate by unanimous consent; a procedure very rarely used for significant legislation, especially one affecting tens of millions of Americans. The House passed the bill this week on a robust bipartisan basis in a 335- 97 vote.

Former Fox News anchor Gretchen Carlson testified in support of the legislation. Ms Carlson accused the late network CEO Roger Ailes of making unwanted advances and harming her career when she rejected him. Some employee contracts at the network included binding arbitration clauses.

Ms Carlson previously appeared with Senator Gillibrand and other senators at a press conference after Senate passage of the bill. She reportedly said she could never have imagined, after coming forward with her allegations five years ago, that it would lead to a change in the law that both Democrats and Republicans would get behind.

"Marching in the streets can inspire us. Editorials can open our minds. Hashtags can galvanize, but legislation is the only thing that lasts," Ms Carlson said.

An estimated 60 million American workers have clauses in their employment contracts forcing them to settle any allegations of sexual misconduct in private arbitration proceedings, rather than in court. The widespread practice has come under fire in the wake of the #MeToo movement for forcing employees to seek recourse without a jury, a chance to appeal a decision or the spotlight of a public court process.

"If you could ever say any legislation was long overdue, this is it," Senate Majority Leader Chuck Schumer said. He called it "almost medieval" to force victims of harassment and assault "to shut up, not tell anyone about it and not seek justice."

Critics argue that the secretive nature of binding arbitration protects companies and perpetrators and allows corporations to avoid changing any policies or removing serial abusers.

The clauses barring lawsuits are not only limited to employment contracts but have been found in other service agreements, preventing those who were sexually assaulted at nursing homes or massage parlours from taking their claims to court.

Defenders of the arbitration process - including business groups - contend that it is a faster and less costly way to resolve disputes than through lengthy courtroom proceedings.

Speaking on the Senate floor, Senator Graham said that it does not harm businesses to ensure people who are harassed at work are treated fairly.

"This is not bad for business. This is good for America," he said.

Senator Gillibrand said that many workers simply do not realise they are bound by forced arbitration rules nor how the process can disproportionately benefit employers, with companies typically paying out smaller sums to settle claims.

In a demonstration of the power of the #MeToo movement and wide-ranging support behind the change, the legislation's co-sponsors included senators who are ideological opposites, such as New Jersey Democrat Cory Booker and Missouri Republican Josh Hawley.

At the press conference, Senator Graham said that things can be "pretty screwed up" in Washington but this new legislation signals "that there's some hope, as long as we listen to each other and try to make life better where we can find common ground."

Earlier this month the White House released a statement in support of the bill.

Source: Texarkana Gazette

(Quotes via original reporting)

On February 10, the US Congress gave final approval to legislation guaranteeing that people who experience sexual harassment at work can seek recourse in the courts. The bill is a milestone for the #MeToo movement and a positive step towards improving the way sexual misconduct claims are handled, Texarkana Gazette reports.

The new legislation is next expected to be signed into law by President Joe Biden. It bars employment contracts from forcing people to settle sexual assault or harassment cases through arbitration rather than in court, a practice that often benefits employers and keeps misconduct allegations from becoming public.

The bill is retroactive, which is significant because it nullifies language compelling arbitration in contracts nationwide and opens the door for people who had been bound by it to take legal action.

Senator Kirsten Gillibrand - who has spearheaded the legislative effort - called it "one of the most significant workplace reforms in American history."

Senator Gillibrand said the arbitration process is secretive and biased and denies people a basic constitutional right; their day in court.

"No longer will survivors of sexual assault or harassment in the workplace come forward and be told that they are legally forbidden to sue their employer because somewhere in buried their employment contracts was this forced arbitration clause," she said.

Senator Gillibrand has focused on combating sexual harassment and sexual misconduct in the military. She originally introduced the legislation in 2017 with Senator Lindsey Graham.

The legislation was rare in its broad, bipartisan support in a divided Congress. That allowed the bill to be passed in the Senate by unanimous consent; a procedure very rarely used for significant legislation, especially one affecting tens of millions of Americans. The House passed the bill this week on a robust bipartisan basis in a 335- 97 vote.

Former Fox News anchor Gretchen Carlson testified in support of the legislation. Ms Carlson accused the late network CEO Roger Ailes of making unwanted advances and harming her career when she rejected him. Some employee contracts at the network included binding arbitration clauses.

Ms Carlson previously appeared with Senator Gillibrand and other senators at a press conference after Senate passage of the bill. She reportedly said she could never have imagined, after coming forward with her allegations five years ago, that it would lead to a change in the law that both Democrats and Republicans would get behind.

"Marching in the streets can inspire us. Editorials can open our minds. Hashtags can galvanize, but legislation is the only thing that lasts," Ms Carlson said.

An estimated 60 million American workers have clauses in their employment contracts forcing them to settle any allegations of sexual misconduct in private arbitration proceedings, rather than in court. The widespread practice has come under fire in the wake of the #MeToo movement for forcing employees to seek recourse without a jury, a chance to appeal a decision or the spotlight of a public court process.

"If you could ever say any legislation was long overdue, this is it," Senate Majority Leader Chuck Schumer said. He called it "almost medieval" to force victims of harassment and assault "to shut up, not tell anyone about it and not seek justice."

Critics argue that the secretive nature of binding arbitration protects companies and perpetrators and allows corporations to avoid changing any policies or removing serial abusers.

The clauses barring lawsuits are not only limited to employment contracts but have been found in other service agreements, preventing those who were sexually assaulted at nursing homes or massage parlours from taking their claims to court.

Defenders of the arbitration process - including business groups - contend that it is a faster and less costly way to resolve disputes than through lengthy courtroom proceedings.

Speaking on the Senate floor, Senator Graham said that it does not harm businesses to ensure people who are harassed at work are treated fairly.

"This is not bad for business. This is good for America," he said.

Senator Gillibrand said that many workers simply do not realise they are bound by forced arbitration rules nor how the process can disproportionately benefit employers, with companies typically paying out smaller sums to settle claims.

In a demonstration of the power of the #MeToo movement and wide-ranging support behind the change, the legislation's co-sponsors included senators who are ideological opposites, such as New Jersey Democrat Cory Booker and Missouri Republican Josh Hawley.

At the press conference, Senator Graham said that things can be "pretty screwed up" in Washington but this new legislation signals "that there's some hope, as long as we listen to each other and try to make life better where we can find common ground."

Earlier this month the White House released a statement in support of the bill.

Source: Texarkana Gazette

(Quotes via original reporting)