The End of Forced Arbitration of Sexual Harassment & Assault Claims: Good News and The Opportunity for Workplaces
Ending Forced Arbitration Has Far Reaching Impact:
Clients, customers, patients and consumers may not be familiar with legislation passed earlier this year that has far reaching impact. Changes to the Federal Arbitration Act have ended forced arbitration, enabling a victim of sexual assault or harassment to go to court. This will likely increase public attention and awareness of claims that have been historically kept out of the public eye.
It is important to note that while our work at Soteria Solutions has been historically focused on partnering with educational institutions, we also partner with workplaces to achieve a safe and respectful workplace for all. This change in legislation applies to individuals or groups and their rights with respect to working for or conducting business with a workplace entity.
While it is monumental that a victim of sexual assault or harassment is no longer forced into arbitration, there is far reaching impact to our rights as patients, consumers and clients that may not be immediately obvious.
As consumers, many of us are unaware of the implications of contracts we sign or terms we accept online that mandate any claims of sexual harassment or assault be settled via arbitration. As consumers, we likely quickly reviewed such contracts, signing or clicked the ‘I Accept’ button without reading or fully understanding the terms of the contract. Common examples of our rights being limited may include a property lease, ridesharing agreement or a contract for home improvement services. If you were sexually assaulted or harassed in any such circumstance, you would have been forced to have your claim addressed via arbitration where typically the power resides with the company or organization versus the individual who has been harmed.
At Soteria Solutions, we applaud the amendments to the Federal Arbitrationn Act (Bill H.R. 4445) providing improved legal protection for the victim of sexual harassment and assault.
In Greek Mythology, Soteria is the Goddess of safety and salvation, deliverance and preservation from harm. At Soteria Solutions, we partner with our clients to achieve sustainable change by creating and maintaining safe and respectful learning, working and living environments void of incivility, harassment, violence and discrimination. Given our mission, we see great opportunity in particular for organizations to be proactive and focus on prevention plans.
The Opportunity for Workplaces
For organizations, the opportunity is palpable. This is a call to action to invest in making strategic and integral changes that can and should be measured in metrics that affect the bottom line. Most leaders understand the value and importance of being proactive as this new legislation will make claims of sexual
assault and harassment more visible. As we saw during the #MeToo movement and as we continue to see, careers and brands are ruined as social media channels and news outlets cover the claims and the demise of those charged.
If protecting one’s brand and reputation is not enough reason to act, the importance of attracting and retaining talent in the midst of a labor shortage may propel organizations to take action other than just updating employee contracts. We’ve all read what is most important to young professionals as they evaluate prospective employers. Companies that figure out how to make their culture an asset in attracting and retaining top talent from a limited labor pool will have a distinct advantage over those who assume prospective employees will not do their research to evaluate an employer’s reputation, culture and values. A positive and respectful work environment is a viable strategy to attract and retain talent and Soteria Solutions offers custom sustainable solutions.
Where do you start?
To attain and maintain a safe and respectful organization for all demands a shift from reactionary mode to prevention mode. Replace the ineffective ‘check the box’ programs with proven, custom solutions based on decades of research emphasizing prevention. And, build on your strengths.
Custom, Proven Solutions that Work at Work
We partner with organizations, including federal and state agencies and businesses, to achieve sustainable change with research-based, custom solutions.
We help you shift from reacting to preventing with training solutions customized for your workplace developed and implemented to leverage an organization’s strengths. We embrace the importance of customization to understand and leverage your unique protective factors, as such factors are essential to achieving lasting impact.
We customize our approach by identifying organizational strengths via focus groups, interviews or workplace surveys to then develop our training solutions for your workplace, whether a federal agency or a corporate leader. Learn more about our Solutions for Workplace.
Examples of clients who have partnered with us include leading organizations such as the National Oceanic and Atmospheric Organization (NOAA), the Department of Defense, the United States Army and global leaders such as Bloomberg.
Claims of sexual assault and harassment will be more public with the amendments to the Federal Arbitration Act. Now is an opportunity to take action, get ahead of the curve, distinguish your organization and offer a safe and respectful work environment for all.
Click here for additional information regarding this legislation.