As in previous years, we will lobby on ending forced arbitration of employment disputes. In the past year, the #MeToo movement has highlighted the connection between forced arbitration and the ubiquity of workplace sexual harassment, affording us a fresh opportunity to educate members of Congress about the role of forced arbitration in shielding employers from accountability for illegal treatment in the workplace.
UPDATE: Sen. Blumenthal (D-CT) introduced S.2591, the Arbitration Fairness Act of 2018.
S. 2591 is identical to S. 537 and H.R.1374 (AFA of 2017) Arbitration Fairness Act (S. 2591/H.R. 1374)
To restore fairness and access to the justice system, the Arbitration Fairness Act (“AFA”) of 2017 (S. 537/H.R. 1374) was introduced in the 115th Congress. The AFA would end forced arbitration by amending the Federal Arbitration Act (FAA) to provide that no pre-dispute arbitration clause is valid or enforceable if it requires arbitration of an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute.
Ending Forced Arbitration Of Sexual Harassment Act Of 2017 (S. 2203/H.R. 4734)
S. 2203/H.R. 4734 would amend the Federal Arbitration Act by providing that “no pre-dispute arbitration agreement shall be valid or enforceable if it requires an employee, as defined, to arbitrate a sex discrimination dispute.” The bills also establish that any dispute about the applicability or enforceability of agreements subject to the prohibition against pre-dispute arbitration shall be determined by a court, not an arbitrator. NELA and our allies worked with Representative Bustos and Senator Gillibrand prior to introduction of the bills. They did not adopt our central recommendation.