Bill banning mandatory arbitration of sexual assault/harassment claims passes

The U.S. Senate recently passed HR 4445, the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which prohibits the enforcement of mandatory arbitration or joint class action waivers in cases of alleged sexual assault or sexual harassment. The legislation amends the Federal Arbitration Act (FAA) and will be effective for any disputes or claims arising on or after President Joe Biden signs it. In sum, the bill will let all those alleging sexual assault or sexual harassment to take their cases to court.

HR 4445 inspired by #MeToo

HR 4445 was initially introduced in 2017 by Senators Kristen Gillibrand (D-New York) and Lindsay Graham (R-South Carolina). The House passed the bipartisan bill 335-97 on February 7, 2022, while the Senate approved it in a voice vote on February 10. President Biden has indicated he supports the measure and will sign it.

The bill revises the FAA by: