Bustos’ amendment to end forced arbitration in workplace sex harassment cases signed into law

President Joe Biden signed into a law a bill that puts an end to employers’ use of forced arbitration in claims of sexual assault and sexual harassment in a Thursday afternoon ceremony at the East Room of the White House.

Biden said forced arbitration “shielded perpetrators and silenced survivors” during a ceremony before the signing. He said workers shouldn’t have to give up rights in employment clauses.

U.S. Rep. Cheri Bustos, an East Moline Democrat who represents the 17th District including Whiteside County, introduced the bill last July to the House Judiciary committee. It had 17 Democratic and eight Republican co-sponsors in the House.

In a statement issued after the ceremony, Bustos said:

“Today, with the stroke of a pen, survivors of sexual assault and harassment across the country are finally free from the silence of forced arbitration. It was such an honor to join President Joe Biden at the White House today as legislation I’ve championed for five years was finally signed into law. Thanks to the courage of survivors and activists like Gretchen Carlson, Andowah Newton, Tatitana Spottiswoode, Lora Henry, Tanuja Gupta and the American Association of Justice, we’ll now see an end to the days when survivors of sexual harassment, abuse and even rape can be silenced and denied their day in court.”

U.S. Sen. Kirsten Gillibrand, a New York Democrat, introduced the Senate version. There were 18 Democrats and 10 Republicans who co-sponsored it in the Senate.

The bill passed Congress in February; 335 - 97 in the House and by voice vote in the Senate.

The amendment to title 9 of the United States Code gives persons who allege sexual harassment or sexual assault the right to void joint-action waivers and file lawsuits.

The use of arbitration agreements by employers was used to keep information from the public record.

Vice President Kamala Harris, who also spoke at the ceremony, said the law will “make our nation’s workplaces more safe and more just.” She had introduced similar legislation in 2017.

Carlson, a broadcast commentator who in 2017 filed a lawsuit against Fox News former CEO Roger Ailes for sexual harassment, addressed the gathering.

“It will stop the bad behavior because everyone will know women’s voices can be heard,” she said.

The National Law Review said employers should review their employment agreements to see if they comply with the new law.