Congress Approves Landmark Sexual Misconduct Bill

Image copyright: Getty Images [via The New York Times]

The Facts

  • The Senate on Thursday passed a landmark bill - with bipartisan support - forbidding companies from forcing sexual misconduct victims into arbitration.

  • The Ending Forced Arbitration Act will allow complaintants the choice to take companies to court, and retroactively nullifies previous contracts that would've forced mediation.

The Spin

Narrative A

This is a victory for wronged workers, who for too long have been subjected to a secret system that favors employers and hides systemic problems. This should be the first step toward banning forced arbitration for all types of worker complaints.

Narrative B

Although this may help reduce inappropriate workplace behavior, it will unfairly burden companies. It opens the door to a host of new litigations, encouraging attorneys to tie harassment into other complaints that are subject to arbitration - legitimately or not - just to push them to court.

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