Graham announces Legislation to help prevent Sexual Harassment in the Workplace

U.S. Senators Lindsey Graham (R-South Carolina) and Kirsten Gillibrand (D-New York) Wednesday introduced bipartisan legislation to prevent sexual harassment in the workplace. The Ending Forced Arbitration of Sexual Harassment Act of 2017 would void forced arbitration agreements that prevent sexual harassment survivors from getting the justice they deserve. Graham and Gillibrand were joined by Gretchen Carlson, who previously worked at Fox News Channel and left the network after enduring years of sexual harassment. The perpetrators used forced arbitration to institutionalize protections for sexual harassers and prevent survivors from discussing their cases and taking them to trial. An estimated 60 million Americans are subject to forced arbitration clauses in their employment contracts. The bipartisan legislation would void forced arbitration agreements that require arbitration of sexual harassment and discrimination claims and allow survivors of sexual harassment or discrimination to seek justice, discuss their cases publicly, and eliminate institutional protection for harassers. Graham said, “To expect change without pushing for change is unrealistic. This legislation takes off the table the ability of employers to mandate arbitration before claims even arise. Mandatory arbitration employment contracts put the employee at a severe disadvantage. I do not oppose arbitration, if the parties willingly consent to the process. Ensuring that sexual harassment and assault claims cannot be negotiated away before they occur will create incentives to change the workplace environment, making it less hostile and more respectful.” Forced arbitration clauses prevent survivors of sexual harassment from discussing the nature or basis of their complaint. If an employee’s contract or employee handbook includes a forced arbitration clause, the employee is likely to have signed away his or her right to a jury trial whether or not they are aware of the clause. Employees are far more likely to win cases that go to trial than cases that go through the arbitration process.