Michelle Fischbach: “And I thank my colleague from New York for yielding me the customary 30 minutes. We are here today to discuss H.R. 4445.…”

“And I thank my colleague from New York for yielding me the customary 30 minutes. We are here today to discuss H.R. 4445. Sexual harassment and sexual assault are despicable actions. Victims of sexual harassment and assault must have their claims heard, and they should not be silenced or intimidated into silence. The Judiciary Committee heard important testimony from victims of sexual harassment and assault. It took real courage for those victims to tell their stories to us. What those women, and many more women around the country, have had to face is terrible, and sexual harassment should not be tolerated. H.R. 4445 would not make victims better off. And no matter how well- intentioned the bill may be, it raises real policy concerns. The committee received testimony from experts explaining the bill's flaws. For example, this bill's supporters seem to assume that all arbitration is secret, that arbitration automatically keeps victims from going to the authorities or publicizing their experiences. That is not accurate. Arbitration is not intrinsically secret or otherwise confidential. Put simply, agreeing to resolve a case outside of court is different than agreeing to silence. That distinction matters today because much of the argument for this bill comes from concerns about secrecy rather than whether justice can be served in the arbitration context. Despite that emphasis, H.R.…”