Congress closes in on sexual misconduct reform, 4 years after its #MeToo moment

“The bill, led by Sens. Kirsten Gillibrand (D-N.Y.), Dick Durbin (D-Ill.) and Graham and Reps. Cheri Bustos (D-Ill.), Morgan Griffith (R-Va.) and Pramila Jayapal (D-Wash.), addresses companies’ common use of private arbitration to settle allegations of misconduct on the job. The process faced widespread criticism from victims as well as advocates, particularly after former Fox News host Gretchen Carlson’s 2016 sexual harassment lawsuit against the network and its then-CEO, the late Roger Ailes.

With Trump out of office and prominent misconduct cases largely faded from public view, however, the bill has acquired unique momentum. On a Senate Judiciary Committee that’s known for its partisan divide, especially in recent years, the forced arbitration bill counts support from GOP hardliners like Missouri Sen. Josh Hawley and progressives like Hawaii Democratic Sen. Mazie Hirono. The panel’s approval of the Gillibrand-Graham bill by voice vote is a positive sign for its prospects on the Senate floor.”

“Opponents of forced arbitration argue that the process is skewed in favor of employers, keeping misconduct allegations and resulting investigation findings confidential and requiring employees to settle their case outside a court of law.

Business groups like the U.S. Chamber of Commerce counter that arbitration can be less expensive and swifter than taking a case to court. The Chamber backed an alternative proposal recently floated by Sen. Joni Ernst (R-Iowa) that would eliminate mandatory arbitration completely for on-the-job sexual assault claims. Under Ernst’s bill, companies could still arbitrate sexual harassment claims if they meet a list of criteria, including allowing victims to talk about their cases publicly if they choose to.

Ernst said Tuesday that she is working with Gillibrand on making changes to the original bipartisan legislation since “this is the one that’s moving” and that the duo — who worked together on bipartisan military sexual assault reform — is getting “much closer.””

“It’s not clear yet to what extent business groups will lobby against the Gillibrand-Graham legislation. The U.S. Chamber of Commerce hasn’t publicly taken a position on the bill and referred POLITICO to its letter supporting Ernst’s alternative.

“Listen, if I’m a business person I’d want to limit legal exposure, and arbitration in business matters is OK,” Graham said. “But this is not a business matter. This is misconduct directed toward individual workers.””

Why we can’t stop fighting about cancel culture

“actually ending someone’s career through the power of public backlash is easier said than done. Few entertainers have truly been canceled — that is, they haven’t had their careers totally shut down by negative criticism on the internet.”