House passes #MeToo bill to limit arbitration, let sexual misconduct victims take cases to court

Sexual assault and harassment victims may soon be free of workplace restrictions that limit their ability to take their claims to court.

The House voted 335 to 97 on Monday to lift arbitration requirements for sexual misconduct victims, which can force such disputes to be handled outside of the courtroom.

“The #MeToo movement has chipped away at the culture of secrecy that protects predators and silences survivors — but ending mandatory arbitration has the power to bring it all crashing down,” said Rep. Cheri Bustos, Illinois Democrat who sponsored the bill.

The legislation, named Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, has received bipartisan support in the House and Senate.

Arbitration clauses or agreements currently force employees or consumers who have taken issue with a company they’ve signed an agreement with to deal with their dispute through arbitration instead of a court.

The clauses can be put in a range of company agreements, including cell phone contracts and new employee hiring forms.

Lawmakers argue that the arbitration process helps sweep sexual misconduct under the rug and silence victims’ voices.

“This legislation not only gives victims the freedom to choose the best legal path to vindicate their rights, it also puts employers on notice that these crimes may no longer be ignored,” said Rep. Ken Buck, Colorado Republican, who is co-sponsoring the bill.

Former Fox News anchor Gretchen Carlson, a vocal supporter of the bill, touched on her own experience of how arbitration blocked her from suing the late CEO Roger Ailes for sexual harassment.

Ms. Carlson later ended up suing Mr. Ailes under New Jersey civil rights law, which was followed by other women coming forward with similar allegations against the media tycoon.

“I’ve said to my children, and to my family, this will be my personal greatest achievement in life,” Ms. Carlson said in anticipation of the bill passing. “It will be a victory for American workers and I am incredibly optimistic this is going to be the law of the land.”

Critics of the bill, however, suggest it would limit options for victims who don’t want to deal with sexual misconduct cases in open court.

“If parties cannot agree in advance to arbitration, the plaintiffs may never have access to arbitration,” Rep. Michelle Fischbach, Minnesota Republican, said during a Rules Committee hearing earlier this month.

The bill would limit removing arbitration only in sexual harassment and assault cases, and would allow the third-party settler as an option for other disputes.