WASHINGTON, D.C. – On May 3, U.S. Senator Cory Booker (D-N.J.), a member of the Senate Judiciary Committee, and U.S. Representative Colin Allred (D-TX) introduced the bicameral Ending Forced Arbitration of Race Discrimination Act, legislation that would end the practice of forcing individuals who have experienced racial discrimination at work into arbitration. The bill would give workers who have been racially discriminated against the choice to go to court rather than be forced into an arbitration proceeding. U.S. Senator Kirsten Gillibrand (D-N.Y.) and U.S. Representative Hank Johnson (D-GA) are original cosponsors of the bill.
Forced arbitration clauses in employment contracts deprive workers of the protections provided by courts and can silence them by forcing them into confidential arbitration proceedings. Unfortunately, the Federal Arbitration Act (FAA) has stymied states’ attempts to pass laws limiting forced arbitration. The Ending Forced Arbitration of Race Discrimination Act would allow individuals asserting workplace race discrimination the right to bring their claims in court even if they had agreed to arbitration before the dispute arose.
“Racial discrimination has no place in our society, yet it persists in many workplaces,” said Senator Booker. “My bill will put an end to forced arbitration clauses and allow workers who have been harassed or mistreated to have their day in court. No one should have to sign away their right to hold their employer accountable in court for racial discrimination, and this legislation will empower individuals to fight back against discrimination and promote equality in the workplace.”
“No matter what you do for a living, no one should be denied their day in court or denied accountability for racial discrimination because of forced arbitration,” said Representative Allred. “This bill takes meaningful, common-sense steps to ensure that Americans are treated fairly under the law and an individual can take action if they face racial discrimination on the job.”
“Forced arbitration agreements enable a system that silences victims of racial discrimination and denies them their day in court,” said Senator Gillibrand. “The Ending Forced Arbitration of Race Discrimination Act would void existing forced arbitration agreements for racial discrimination, helping to ensure all Americans are treated fairly in their workplace.”
“Last year, Congress passed — and President Biden signed into law — legislation that banned the enforcement of forced arbitration in employee lawsuits alleging sexual assault or sexual harassment,” said Representative Johnson. “Employee victims of sexual assault and harassment should have the right to sue in a court of law, rather than being forced into the secretive and pro-employer arbitration process. The time has come for Congress to give that same protection to those alleging racial discrimination. Since 2007, I have worked to eliminate the use of unfair pre-dispute arbitration clauses that force consumers, workers, and small businesses into the secretive, for profit and pro-corporate arbitration process where the deck is stacked against the little guy. Because everyone deserves the right to choose between court and arbitration, I am pleased to join Senator Booker and Congressman Allred on the Ending Forced Arbitration for Race Discrimination Act.”
The Ending Forced Arbitration of Race Discrimination Act would:
- Define ‘race discrimination dispute’ as a dispute relating to conduct that is alleged to constitute discrimination (including harassment), or retaliation, on the basis of race, color, or national origin under applicable federal, state, tribal, or local law
- Establish that if a person alleges racial discrimination in the workplace under federal, state, tribal, or local law, any preceding predispute arbitration agreement or predispute joint-action waiver is invalid and cannot be enforced
- Give a court the power to determine whether an agreement requiring arbitration for racial discrimination claims is enforceable and whether the Act applies.
The full text of the bill can be found here.
Original source can be found here.
