(WSIL) -- A historic bill to end forced arbitration in sexual assault cases is one signature away from becoming law.
Congress just passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which is now on the President's desk.Â
But what does this mean? Most of the time it pertains to employers and employees. But this way, things could settle outside of court.Â
"That's actually is their purpose is to prevent people from going to court. What this bill will do would be to say you can't make people use private arbitration. They would still have the option if they wanted to use it but they can't be forced into private Arbitration," said Cheryl Anderson, Professor at the SIU School of Law.Â
Anderson calls the bill a win for any sexual assault victim, no matter their gender.Â
"It gives the victims of sexual abuse and sexual harassment the ability to have more strength in the ability to bring their claims," said Anderson.
But the law didn't always extend to only your workplace. Until 2018, rideshare company Uber had forced arbitration in it's user agreement. This meant if you agreed to the terms and conditions and booked a ride through Uber before 2018, you gave up your right to settle a sexual harassment or sexual assault complaint in court.
More often than not you'd sign a non disclosure agreement, meaning you aren't even allowed to talk about it.
Senate Majority Whip Dick Durbin (D-Illinois) had his own thoughts on the bill.Â
"It's becoming increasingly clear that forced arbitration clauses have enables sexual abusers to escape scrutiny while their victims are compelled to stay silent."
Would there be a political reason to vote against the bill?
"Well there are some aspects of the business community that aren't supportive of it because they like their private arbitration systems and they feel like they work effectively so there is always going to be a certain segment like chambers of commerce and places like that that want to preserve the arbitration system," explained Anderson.
Thursday, U.S. Rep. Mike Bost (R-Murphysboro) was one of the 97 members to vote against the bill.Â
"Victims of sexual assault and harassment deserve to have justice under our legal system, whether it is through arbitration or through a public trial. In many instances, arbitration itself is not the issue, but rather the use of non-disclosure agreements that are used to silence victims. While well-intentioned, this bill does not address confidentiality agreements, and therefore, it does not solve the problem it intends to," said Congressman Bost in a statement.Â
The US equal opportunity employment commission says 50 to 75 percent of women have faced some form of unwanted sexual harassment at work.
"That's just from self reporting too and the last few years I think it's become a little bit easier to identify yourself as someone who's experienced sexual harassment but when people really started talking about it the presence really became astounding," said Anderson.Â
Anderson also calls this bill monumental because it will bring other cases to light that weren't previously known about because of private arbitration or nondisclosure agreements.
Meaning, if someone was on the fence about filing a complaint or report they will now know they heave strength in numbers. That could lead to more class action lawsuits against companies and executives with cases of continual harassment.
