Fact Sheet July 8, 2019

Eliminating Mandatory Arbitration for Sexual Assault and Harassment Survivors

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  • Justice

While sexual harassment occurs in all industries and occupations, the burden falls all too heavily on low-wage workers and women, especially women of color. Many of these workers confront sharp power imbalances within the workplace—relation to supervisors, managers, clients, customers, and other coworkers—any attempt to report misconduct or challenge working conditions can put their jobs at risk. This lack of power, combined with concerns about being disbelieved, the threat of retaliation, and economic insecurity, can result in sexual harassment survivors rarely seeking justice—a problem exacerbated by mandatory arbitration clauses in employment contracts. These mandatory arbitration provisions are often required as a condition of getting or keeping a job.

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