#MeToo exposed how forced arbitration protects harassers. A bipartisan group of lawmakers wants to ban it. | The 19th

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'Former Fox News anchor Gretchen Carlson said it will be her ‘greatest achievement in life’ to see the law enacted.'

a “culture of pervasive sexual harassment and retaliation at the network.” The terms mandate that for four years, Fox News cannot enforce mandatory arbitration clauses for any alleged violations of the state’s human rights law. The commission called forced arbitration “the most significant barrier to determining whether a workplace has a pervasive culture of sexual harassment.”

“I’m doing this work so they don’t have to face the same injustices,” she said of other workers without the resources to take on the system. When sexual assault and harassment claims are handled by private arbitrators and not judges and juries, it can hurt workers and consumers in a variety of ways. For starters, instead of receiving a jury of their peers, claims are heard by arbitrators who are “mostly male and overwhelmingly White,” according to the American Association for Justice , a trial lawyers groupthe two largest arbitration providers are 88 percent White and 77 percent men. Employers often get to choose the arbitrator.

 

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