Voters Support Ending Forced Arbitration of Sexual Assault, Harassment Cases

By Sabrina Jacobs

The recent passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act will ensure perpetrators of sexual assault and harassment cannot force survivors into arbitration — which keeps cases away from public view. This critical piece of legislation, first introduced by Senator Kirsten Gillibrand in 2017, provides the option for individuals to sue and bring such cases to court.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act will change employment law and give survivors a voice to seek the justice they are owed. “Nullifying these ‘forced arbitration’ clauses for sexual assault and harassment claims will let survivors’ voices be heard,” said Representative Cheri Bustos.

New Data for Progress polling finds 78 percent of voters nationwide support such a bill, including Republicans by a +56-point margin, Independents by a +68-point margin, and Democrats by a +70-point margin. 

 
 

We also find that 67 percent of voters agree that Congress should end forced arbitration in sexual assault and harassment claims because individuals should have control over their own cases and the right to be heard publicly. In contrast, 22 percent say that dictating what employers can put in their employment contracts is an overreach of federal power. 

 
 

Sabrina Jacobs is a digital fellow at Data for Progress.

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