Forced arbitration in workplace sexual assault cases is ending. But what about other disputes?
NBCFeb 11, 2022
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.
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.
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.