November 12, 2021
Senator Joni Ernst (R-IA) introduced the Resolving Sexual Assault and Harassment Disputes Act (S. 3143), which would prohibit the enforcement of pre-dispute arbitration agreements and seek to ensure that fair procedures are used in arbitrations involving workplace sexual harassment claims.
Notable provisions include:
Outlook: The bill has been referred to the Judiciary Committee and currently does not have any additional co-sponsors. It is not likely the bill will get any traction this Congress, with Democrats holding the majority in both chambers. Nevertheless, it is noteworthy that at least one Senate Republican is willing to impose new limits on arbitration agreements, which have come under attack from congressional Democrats.