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What Banning Forced Arbitration for Harassment Means: QuickTake

Feb. 16, 2022, 11:00 AM

Over the last decade, more than half of U.S. companies adopted a dispute-resolution process known as forced arbitration to settle worker grievances of all kinds behind closed doors as an alternative to litigating in court. Now, under pressure from the #MeToo movement, Congress has banned mandatory arbitration for workplace sexual harassment and assault claims. While this change is expected to give workers more leverage, activists are seeking a broader ban covering gender discrimination and other grievances.

1. How does mandatory arbitration work?

Where it’s used, workers are usually required to agree in advance to arbitrate workplace disputes outside of court. ...