On the recordFebruary 10, 2022
I say to the Senator, I agree with everything you said. You said it well. So what is the goal here? Senator Gillibrand and I and many others have been working to stop the practice of someone signing an employment contract, having a sexual harassment or assault problem in the workplace, and being forced into arbitration that is skewed for the employer against the employee for these things to be hidden. We do not intend to take unrelated claims out of the contract. What we are preventing here is sexual assault and sexual harassment claims being forced into arbitration, which perpetuates the problem. The light of day in a courtroom is what we are hoping for. The plaintiff still has to prove their case. The defendant has robust due process. But Senator Ernst's concerns, I share. If lawyers try to game the system, they are acting in bad faith. They could be subject to disciplinary proceedings by courts. What we are not going to do is take unrelated claims out of the arbitration contract. So if you have got an hour-and-wage dispute with the employer, you make a sexual harassment, sexual assault claim, the hour-and-wage dispute stays under arbitration unless it is related. That is the goal. I hope people won't game the system. I hope it will bring about the reform we are all hoping for: to make it harder to hide these problems in the workplace and easier to get justice without gaming the system.





