Washington, D.C. - Today, the House of Representatives passed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, by a bipartisan vote of 335-97. This legislation will void forced arbitration agreements in any contract if a sexual assault or harassment claim is brought, providing survivors the freedom to decide what legal path works best for them. 

“Last November, in one of the most powerful Judiciary Committee hearings I have taken part in, we heard from four survivors of sexual harassment and sexual assault about their devastating experiences and the subsequent arbitration process they were forced to endure as a condition of their employment. Immediately following the hearing, the Committee acted on those brave women's stories and passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which allows survivors to bring their stories out of the shadows and pursue justice in our courts. I am grateful that today, the full House of Representatives has also overwhelmingly passed this much-needed legislation, sending a clear message to perpetrators that they will be held accountable. I thank my colleagues, Representatives Bustos, Griffith, Jayapal, and Buck, for their leadership on this issue, and I urge the Senate to pass this bipartisan legislation without delay," said House Judiciary Committee Chairman Jerrold Nadler. 

The bill has been endorsed by the American Association for Justice (AAJ), Public Citizen, the National Women’s Law Center, the National Partnership for Women and Families, 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, the Malouf Foundation, the Elizabeth Smart Foundation and the House LGBTQ Equality Caucus.

Background

On November 16, 2021, the Committee held hearing entitled, "Silenced: How Forced Arbitration Keeps Victims of Sexual Violence and Sexual Harassment in the Shadows." At the hearing, fours survivors of sexual assault and sexual harassment explained that after enduring horrific trauma at the hands of their perpetrators, they were forced to endure further trauma when they found that their only recourse was a secretive arbitration process that was stacked against them.

On November 17, 2021, the Committee advanced H.R. 4445 by a bipartisan vote of 27-14. The Senate Judiciary Committee passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 by a voice vote on November 4th.