Biden ends forced arbitration of sexual assault cases in workplaces

Biden signed a law that bars employment contracts from forcing people to settle claims through private arbitration proceedings instead of in a court of law.

U.S. President Joe Biden on Thursday gave victims of workplace sexual assault or harassment the right to seek recourse in a court of law instead of through forced arbitration proceedings.

Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which bars employment contracts from forcing people to settle claims of sexual assault or harassment through private arbitration proceedings instead of in a court of law.

Employers often benefit from the process, which keeps misconduct allegations from becoming public.

The law is retroactive, freeing individuals who have been bound by arbitration language to pursue legal action against their harassers.

Biden called it a “momentous day for justice and fairness in the workplace.”

“To those who experienced sexual harassment or assault, you’re going to have the right today that you did not have yesterday,” the president said.

An estimated 60 million workers are bound by forced arbitration clauses slipped into their employment contracts, with many unaware the language exists, Biden said. Private arbitration keeps them from knowing who else may have suffered similar indignities.

As a result of the #MeToo movement, the widespread practice has come under fire for forcing employees to seek recourse without a jury, a chance to appeal an arbitrator’s decision or the sunlight of a public court process.