UPDATED: House and Senate Overwhelmingly Pass Bill To End Forced Arbitration for Survivors of Sexual Assault and Sexual Harassment 

On February 7, 2022 the U.S. House of Representatives voted overwhelmingly (335 to 97) in favor of the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act (H.R. 4445). Three days later, the Senate voted affirmatively to pass the bill (S. 2342). This bill is a historic step towards further bolstering the rights of survivors of sexual assault and sexual harassment by ensuring public accountability for perpetrators.

The bill serves to increase the accountability of perpetrators (and often times, their employers) by ensuring survivors can have their day in court and their story told publicly, as it prevents forcing survivors into secret arbitration to resolve their claims—a provision common to many employment agreements until now.

Both House Democrats and many House Republicans (113) came together to pass this bill, evidencing the strong bipartisan support for this legislation, which is also backed by President Biden. The Senate’s expedient approval echoes this landmark achievement for sexual assault survivors.

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Grant & Eisenhofer P.A.’s Civil Rights Practice Group represents survivors of sexual assault and harassment and most recently challenged the enforceability of an arbitration clause in a sexual assault and harassment case.