House Approves #MeToo Bill Aimed at Workplace Sexual Harassment

The U.S. House passed a #MeToo-inspired bill that would block enforcement of arbitration requirements for workers alleging sexual harassment or assault, moving it one step closer to President Joe Biden’s desk.

The House vote to advance H.R. 4445, which came by a count of 335-97 on Monday, creates a rare opportunity for employment legislation to pass Congress. The Senate is also expected to take up the bill as soon as this week, Majority Leader Chuck Schumer said earlier on Monday. A companion bill in the Senate has the support of 10 Republicans, meaning it could clear the 60-vote procedural hurdle to advance in the chamber.

Biden has backed the legislation, which would guarantee anyone alleging sexual harassment or assault in the workplace the opportunity to pursue a claim in court.

Employment contracts regularly include language that requires allegations of workplace sexual harassment or assault to be resolved via third-party arbitration, an alternative process to public court.

The #MeToo movement highlighted how mandatory arbitration can discourage workers from coming forward to report workplace allegations. Employers generally favor arbitration, arguing that it allows for disputes to be resolved more quickly and cheaply.

The recent spotlight prompted a crucial partisan shift on the issue. Republicans rarely buck employer groups on major labor and employment bills, but the measure was written so that it would nullify pre-dispute arbitration agreements but allow a worker to still opt for arbitration if that is their preference.

That distinction, rather than banning arbitration outright for sexual harassment or assault allegations, helped the bill win GOP backing. Republicans members voted for the bill on Monday night.