Congress Passes Bipartisan Sexual Misconduct Bill

Congress advanced a bipartisan bill this week aimed at giving sexual misconduct victims more options in seeking justice.

Titled the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, the bill was originally sponsored by Sens. Kirsten Gillibrand (D-N.Y.), and Lindsey Graham (R-S.C.) in 2017. It prevents employers from writing contracts that force people to settle sexual assault or harassment cases through private arbitration rather than in court, and gives victims in the workplace the option to either pursue arbitration or file lawsuits with their own legal representation. The House of Representatives voted 335-97 to approve the bill, with 113 Republicans joining all Democrats in support. The Senate approved it in a voice vote, which typically indicates bipartisan support. President Joe Biden is expected to sign it.

Outlets across the spectrum covered the bill similarly, with some celebrating the bill's bipartisan nature. Not all takes were totally positive. One writer for Vox (Left bias) argued that the law is a loss for conservatives on the Supreme Court who typically "present forced arbitration cases as ordinary contract disputes." One writer for The Daily Signal (Right bias) called the bill a "gross miscarriage of justice" and argued that the court process "often takes years, is vastly more expensive for aggrieved employees, and is less likely to result in a favorable settlement—instead of going to neutral third-party arbitrators."