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The Price Is (Not) Right: Mandatory Arbitration Of Claims Arising Out Of Sexual Violence Should Not Be The Price Of Earning A Living, Nicolette Sullivan

Vanderbilt Journal of Entertainment & Technology Law

As demonstrated by the #MeToo movement, current attempts to curtail systemic sexual violence in the workplace have fallen flat: approximately sixty million US workers are subject to mandatory arbitration clauses, which employers tend to bury deep within the fine print of employment contracts. These clauses, often coupled with confidentiality agreements, have provided offenders--and their employers--with a mechanism to escape liability and public scrutiny. Under the existing judicial framework, whether a court will allow victims of workplace sexual violence to escape binding arbitration remains unclear. Congress attempted to address this uncertainty by proposing the Ending Forced Arbitration of Sexual Harassment Act …