Bill Overview
Title: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Description: This bill invalidates arbitration agreements that preclude a party from filing a lawsuit in court involving sexual assault or sexual harassment, at the election of the party alleging such conduct.
Sponsors: Rep. Bustos, Cheri [D-IL-17]
Target Audience
Population: people subject to forced arbitration agreements in relation to sexual harassment or assault
Estimated Size: 41000000
- Forced arbitration clauses often exist in employment contracts across various industries.
- Sexual assault and harassment can occur in any workplace, affecting employees in retail, corporate, entertainment, hospitality, medical, and many other sectors.
- This legislation targets anyone subject to forced arbitration clauses, often employees, especially in large corporations.
- Approximately 41 million U.S. workers are bound by arbitration agreements.
- Although not all will experience harassment or assault, a significant number will benefit from having the option to sue in court.
Reasoning
- Within the U.S., approximately 41 million employees are under contracts with forced arbitration clauses relevant to workplace disputes including those tied to sexual harassment or assault.
- Not all employees will directly experience harassment, but being under such agreements means many of these individuals now gain access to legal recourse, inherently affecting their perceived job equity and psychological safety.
- The target population is cross-sectional, including a variety of industries and job types, from high-income corporate employees to lower-income retail workers. This diversity must be reflected in the simulated sample.
- Given the 10-year budget, prioritizing cases with more severe or immediate need for litigation access may occur, hence individuals with historically higher industry risks or lower existing wellbeing scores might feel more impact.
Simulated Interviews
corporate lawyer (Los Angeles, CA)
Age: 29 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- This policy is a step in the right direction. It's crucial for holding people accountable in positions of power.
- Personally, I feel safer knowing I have an option outside of arbitration.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
retail manager (New York, NY)
Age: 42 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 15/20
Statement of Opinion:
- I haven't been directly affected, but I see why others need this option.
- In retail, issues sometimes get covered up, so this can be beneficial.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
nurse (Chicago, IL)
Age: 50 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 7/20
Statement of Opinion:
- As someone who's faced harassment, this policy gives me hope for justice.
- Hospital environments can be hostile; knowing I have an option besides arbitration is reassuring.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 7 | 4 |
| Year 5 | 8 | 4 |
| Year 10 | 8 | 4 |
| Year 20 | 8 | 4 |
software engineer (Houston, TX)
Age: 31 | Gender: other
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- Being non-binary in tech can be tough; this law might help me if issues arise.
- This doesn’t change day-to-day work stress, but it's a safety net.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 5 |
insurance underwriter (Des Moines, IA)
Age: 38 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 4.0 years
Commonness: 8/20
Statement of Opinion:
- I think it's about time. People shouldn't be afraid to speak out.
- For those of us in smaller offices, this can improve workplace dynamics.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
hospitality worker (Miami, FL)
Age: 25 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 12/20
Statement of Opinion:
- This policy sounds good, but I’m not sure how it applies to me yet.
- I just started working, so it's comforting knowing it's there if needed.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
tech executive (San Francisco, CA)
Age: 45 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- For too long, arbitration has been a way for companies to hide misconduct.
- This bill's passage is a win for anyone facing discrimination.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
marketing consultant (Seattle, WA)
Age: 34 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- Being a freelancer, I wonder how this applies to client work.
- Anything to support those stuck in harassment binds is needed.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
graduate student (Boston, MA)
Age: 28 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 7.0 years
Commonness: 6/20
Statement of Opinion:
- It's important, especially on campuses where power dynamics are immense.
- Knowing there's a legal option outside university settings feels empowering.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 5 |
entertainment industry worker (Atlanta, GA)
Age: 39 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 4/20
Statement of Opinion:
- The entertainment industry needs to unmask its dark sides, and this helps.
- I hope more people will feel comfortable reporting and pursuing justice.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Cost Estimates
Year 1: $15000000 (Low: $10000000, High: $20000000)
Year 2: $18000000 (Low: $12000000, High: $25000000)
Year 3: $20000000 (Low: $14000000, High: $30000000)
Year 5: $25000000 (Low: $17000000, High: $35000000)
Year 10: $30000000 (Low: $20000000, High: $40000000)
Year 100: $50000000 (Low: $35000000, High: $70000000)
Key Considerations
- The bill shifts the legal recourse for employees, impacting how cases are resolved but not directly changing federal budget lines.
- Businesses affected by increased litigation may need to adjust risk management strategies.
- The full extent of cultural impact is difficult to measure but may exceed financial aspects over time.