Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Floor Speech
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Mr. GRIFFITH. Madam Speaker, I rise today in support of H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
I believe pre-dispute arbitration agreements are useful in some circumstances. They can allow common, foreseeable disagreements to be resolved quickly and efficiently, but we must acknowledge in the case of sexual assault and sexual harassment, nobody signs on to an employment agreement thinking that oh, I am going to be sexually harassed or I am going to risk sexual abuse. They don't sign up for that. And most of these contracts, Madam Speaker, are what we call adhesion contracts. You have to accept it.
And what often happens is there will be a couple of pages that have all the big items: Terms of the employment, salary, promotion, vacation. And then they will incorporate a handbook. The handbook will then have buried in it language that says all disputes must go to mandatory arbitration. And oftentimes the people who are doing the arbitrating aren't lawyers. The rules of evidence aren't applied. The rules of law are not applied. It is just how they feel after they hear everything.
This has created a situation that, related to sexual assault and sexual harassment, is unconscionable. It shocks the conscience. And in fairness, it is a violation of public policy, in my opinion, and should be eliminated as part of a contract.
I am surprised courts haven't already come to that conclusion, but instead of having each court in each of the States and territories make that decision, this act will do it once and for all, and we will have done our jobs to make sure that in these egregious situations the individual who is making the claim and who has probably been assaulted or has been harassed or has some kind of a valid claim will have an opportunity to go to court or have an opportunity to go to binding arbitration, if that is what they choose, but they will have a choice instead of having to go in front of company-picked arbiters who will make a decision for them that will affect them the rest of their lives.
Now, I will tell you that it is important that we move forward with this bill, and it looks like things are going well, but you never know. But I will also tell you that there has been an allegation that it is retroactive--and that is not accurate--as to cases currently pending. It is accurate as to contracts currently signed.
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Mr. GRIFFITH. Madam Speaker, I rise in support of the amendment.
As we just heard, this was the majority party taking into account the views of the minority party, which is why we have support on both sides of the aisle for this amendment.
This amendment will bring more Members of the minority party onto the bill. As one of the cosponsors of the bill, I think that is a good thing.
I think this is an appropriate amendment. I think it does clarify.
I commend Mrs. Bustos and Mr. Buck for their hard work on this amendment. I ask that everyone vote for the amendment.
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