Concord, N.H. — Today, Rep. Annie Kuster (NH-02), a founder and co-chair of the Bipartisan Task Force to End Sexual Violence, applauded House passage of bipartisan, bicameral legislation to end forced arbitration for sexual harassment and assault survivors nationwide. Rep. Kuster is a cosponsor of this bill. 

H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, will nullify forced arbitration agreements embedded within a contract if a sexual assault or harassment claim is brought. Forced arbitration requires an employee or client to submit to settling disputes confidentially with an arbitrator, rather than share their allegations publicly and pursue restitution through the legal system. For employment contracts, more than 60 million Americans would be impacted by this bill. That estimate grows exponentially when considering other contracts and terms and conditions where forced arbitration clauses are typically found, such as in nursing homes, property leases, ride-share apps, movers, handyman services, and more.

By voiding forced arbitration clauses in the case of sexual assault and harassment, survivors are provided with the freedom to decide what legal path works best for them — that can include bringing a claim in court, discussing their case publicly, or seeking another kind of legal remedy. It will eliminate institutional protection for harassers and abusers and give survivors the chance to pursue justice. 

“For years, forced arbitration clauses within employment agreements and other contracts have effectively silenced survivors and allowed abusive and toxic behaviors to continue unabated,” said Rep. Kuster. “I was proud to join with colleagues from both sides of the aisle to advocate for the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Today, the House made clear that forced arbitration methods that protect corporations and perpetrators and silence victims will no longer be tolerated. I urge the Senate to act quickly to send this legislation to President Biden’s desk so we can assure survivors have the right to come forward with their stories, seek justice and hold perpetrators accountable.” 

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.

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