Sending Office: Honorable Cheri Bustos
Sent By:
Steffanie.Bezruki@mail.house.gov
Cosponsor the Ending Forced Arbitration of Sexual Harassment Act
Facebook, Google, eBay and Airbnb adopt Bustos’ bipartisan proposal to end forced arbitration of sexual harassment and discrimination
Cosponsors: Representatives Cheri Bustos*, Walter Jones*, Pramila Jayapal*, Elise Stefanik*, Ann McLane Kuster, Don Bacon, Debbie Dingell, Barbara Comstock, Brian Fitzpatrick, Zoe Lofgren, Morgan Griffith, Jacky Rosen, Jenniffer Gonzalez-Colon,
Susan Brooks, Lois Frankel, Luis Gutierrez, Jackie Speier
Dear Colleague,
Please join us in support of HR 4734, the Ending Forced Arbitration of Sexual Harassment Act, which would stop employers from sweeping sexual harassment under the rug through forced arbitration clauses. Earlier this week, Facebook, Google, eBay and Airbnb changed their
sexual harassment policies and ended the mandatory arbitration of such claims. We ask that you join us in calling for federal legislation to end this practice across the private sector and ensure survivors may pursue justice.
In restaurants, offices and on factory floors, too many employees are being forced to choose: put up with sexual harassment or lose their job. Companies rely on a little-known legal tool to hide the problem with secretive cash pay-outs.
Under a mandatory arbitration clause, no matter what happens on the job, workers cannot take their employer to court. Instead they are required to participate in a binding arbitration process where their grievances may never see the light of day. In these
instances, both sides present their arguments to a hired third-party entity, which then issues a ruling and awards damages. There is no judge or jury, and often no opportunity to appeal the decision.
And, if an employee attempts to pursue damages through arbitration, they are often forbidden from discussing the details of the case—which prevents them from telling colleagues, clients, or future employees what happened.
This is how powerful people like Harvey Weinstein and Roger Ailes were able to maintain a positive public image and continue climbing the ladder, while covering up their multimillion dollar hush payments. It’s how a company like Uber felt emboldened to silence
Susan Fowler rather than hold a “high performing” harasser accountable. And it’s how Jared and Kay Jewelers were able to keep “hundreds” of female employees’ complaints silent for years before an anonymous tip led to a Washington Post exposé in February of
2017.
Our idea is very straightforward and simple: Stop subjecting victims of workplace sexual harassment and discrimination to mandatory arbitration. Give them the option to take their employer to court and expose sexual misconduct.
This proposal has gained the
support of the attorney general from every state and U.S. territory, who called on Congressional leadership to pass legislation “to protect the victims of sexual harassment in the workplace.” The letter specifically requested Congress “ensure these victims’
access to the courts, so that they may pursue justice and obtain appropriate relief free from the impediment of arbitration requirements.” Facebook, Google, Airbnb, and eBay are just the most recent companies to adopt the proposal, following the example of
Microsoft and other tech giants in changing their sexual harassment policies.
An estimated 60 million Americans are subject to an arbitration clause by their employer. Few will realize it until it’s too late, and we are calling on you to help protect these employees and ensure survivors of sexual harassment get the justice they deserve.
Thank you,
Representative Cheri Bustos
A fact sheet is available upon request. Please contact Steffanie Bezruki with Representative Cheri Bustos with any questions.
We are now adding all interested members.
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