U.S. House of Representatives Overwhelmingly Passes Bipartisan Bill to Restore Rights to Survivors of Sexual Harassment and Sexual Assault

Washington, DC — The House of Representatives took a momentous step in giving survivors of sexual assault and sexual harassment the right to hold their abusers accountable in court if they so choose. With a bipartisan vote, H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, cleared the chamber 335-97 and now awaits Senate action. 
 
"Tonight’s overwhelming vote brings us closer to making workplaces safer and holding corporations accountable for fostering environments where sexual harassment and assault are kept under wraps," American Association for Justice (AAJ) CEO Linda Lipsen said. "Finally, survivors of unimaginable abuse will have the right to choose how they seek justice, instead of being forced into an arbitration system controlled by their abuser."
 
Four brave women testified under the protection of a congressional subpoena in the House Judiciary Committee about their experience of being silenced by forced arbitration and asked Congress to take action. On the heels of the powerful testimony, H.R. 4445 and the Senate companion, S. 2342, both passed out of their respective committees in November of 2021. In the Senate, no senator spoke in opposition to the bill when it came out of committee with the support of both the Chairman and Ranking Member. Additionally, the bill is co-sponsored by 10 Republican senators. 
 
The legislation carves out cases involving sexual misconduct from the Federal Arbitration Act (FAA), which was enacted in 1925. Currently, only certain transportation workers are exempted from the FAA’s coverage; H.R. 4445 adds one more category of cases to be exempted – those related to sexual harassment and assault. The protections are triggered if, and only if , a survivor files a case.
 
"Forced arbitration takes away Americans’ rights to seek accountability. In cases of sexual harassment and sexual assault, survivors are forced into a rigged system that operates in secret, and members of Congress should be commended for taking action." said Lipsen. 
 
AAJ joins a broad coalition of  sexual assault, domestic violence, and survivors’ rights organizations supporting this measure including Futures Without Violence, Jewish Women International, Lift Our Voices, National Alliance to End Sexual Violence, National Center on Domestic and Sexual Violence, National Coalition Against Domestic Violence, National Domestic Violence Hotline, National Network to End Domestic Violence, National Partnership for Women and Families, National Women’s Law Center, Public Citizen, RAINN, RALIANCE, and Sexual Violence Prevention Association.  

CONTACT Carly Moore Sfregola Email: Carly.Sfregola@justice.org Phone: 202.684.9609