All Attorneys General from the 56 states and territories have sent a letter to Congress regarding workplace sexual harassment.
“We’ve asked Congress to modify federal law related to arbitration to provide that you don’t have mandatory arbitration in employment contracts regarding allegations of sexual harassment,” said Kansas Attorney General Derek Schmidt. “There’s federal law that encourages arbitration, because, in the generic sense, it’s a more efficient way to resolve disputes in many cases than is litigation. Federal law encourages arbitration and we think that’s fine when you’re talking about contract disagreements or basic issues with respect to the employment agreement, but when it comes to an employee who alleges sexual harassment in the workplace, that’s not just an allegation of a contract dispute. That’s an allegation of illegal conduct.”
It’s important for everyone to have their day in court where sexual harassment is concerned.
“Employees who allege illegal sexual harassment in the workplace and want their day in court ought to be entitled to their day in court and not forced to resolve that circumstance through an arbitration that often is subject to secrecy and privacy provisions.”
A copy of the letter is available here.