What it means for you
Since March 3, 2022, a person who reports sexual assault or harassment can take the case to court, even after signing an arbitration clause in a job or other contract. Any class-action ban in such a contract also can't block the case.
Who benefits: Workers and others who signed arbitration clauses and then face sexual assault or harassment; President Biden put the number of workers bound by forced arbitration at about 60 million.
Many job applications and other contracts include fine print that sends any dispute to private arbitration. Arbitration usually happens behind closed doors, and you can’t take the case before a judge or jury. This law changes that for sexual assault and sexual harassment. If you were assaulted or harassed, you can choose to sue in federal, state, or tribal court, even if you signed an arbitration clause. A contract that bars class or group cases can’t stop you from joining one, either. A judge, not an arbitrator, decides whether the law covers your case.
You don’t need to apply for anything. The choice belongs to the person reporting the harm. It covers contracts signed before the law passed, as long as the dispute arose or the claim accrued on or after March 3, 2022. President Biden said about 60 million workers are bound by forced arbitration clauses, often without knowing it.
Sen. Kirsten Gillibrand first introduced the bill in 2017 with Republican Sen. Lindsey Graham. Rep. Cheri Bustos carried the House bill, and Senate Judiciary Chair Dick Durbin helped lead it through the Senate. President Biden also named Vice President Kamala Harris and Reps. Ken Buck, Morgan Griffith, and Pramila Jayapal as champions. Former Fox News anchor Gretchen Carlson—whose arbitration clause blocked her from suing Fox News, so she sued Roger Ailes personally—testified for it. The House passed it 335–97, with 113 Republicans joining every Democrat; the Senate passed it by voice vote. President Joe Biden signed it on March 3, 2022. The Ninth Circuit interpreted the law in 2026, and it remains in effect.
Work and wagesRightsSafety
Sources
- H.R. 4445, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021Congress.gov
- Public Law 117-90U.S. Government Publishing Office, March 3, 2022
- Final Vote Results for Roll Call 33Office of the Clerk, U.S. House of Representatives, February 7, 2022
- Remarks by President Biden at signing of H.R. 4445The White House, March 3, 2022
- Durbin, Gillibrand, Graham celebrate Senate passage of landmark bill to void and prevent forced arbitration agreements for sexual harassment and sexual assaultOffice of Sen. Dick Durbin, February 10, 2022
- Biden ends forced arbitration for sexual assault, harassmentAssociated Press (via News4Jax), March 3, 2022
- Ninth Circuit issues first decision interpreting the Ending Forced Arbitration ActMayer Brown, July 15, 2026
How we checked this
Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 11, 2026, which corrected it. Confirmed the law’s text, enactment date, House roll call, 2026 status, and net benefit. Corrected the effective-date language, Carlson’s history, Senate passage description, omitted champions, and one source date.
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