Federal Legislation Affecting Whistleblowers

House Passes the FAIR Act to End Forced Arbitration Agreements

In a huge step forward for employees’ rights and protections in the workplace, the U.S. House of Representatives passed a bill on March 17, 2022, that would ban companies from using forced arbitration agreements. H.R.963 also extends its protection beyond the office ­– protecting consumers as well as companies in more common day agreements.

The Democrat-led House voted 222-209 to pass the bill, better known as the Forced Arbitration Injustice Repeal (FAIR) Act, despite objections that if it were to become law, it would prevent people from a faster and cheaper alternative dispute resolution.

The FAIR Act was initially introduced in 2019 on the heels of the #MeToo movement by Congressman Hank Johnson (GA-04), but it later stalled. It now goes to the Senate.

This bill will help reassert a person's right to access the court system and not be locked into a private arbitration. For a whistleblower this means, he or she will not be silenced and instead will have the right to speak their truth publicly.

President Biden Signs Bill that Ends Forced Arbitration in Sexual Assault and Harassment Cases

In a highly anticipated pen swipe, President Biden signed the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act of 2021 into law, putting an end to mandatory arbitration in workplace sexual assault and harassment cases once and for all. The bipartisan effort is a victory for employee rights and the shift toward a safer workplace culture. It allows survivors to file lawsuits in court against perpetrators and lifts the veil of secrecy that largely benefited the companies and not the victims.

If a worker has already signed an agreement waiving his or her rights to sue in the case of sexual assault or harassment and find they’re required to use an arbitrator, this new law would nullify that previous contract.

The signing of the bill on March 3, 2022 marked a major milestone toward a more just workplace. It’s estimated that 60-million Americans have been subjected to arbitration clauses unbeknownst to them, given the fine and lengthy print of most employment contracts.

The new law took effect immediately.