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Democrats introduce bill to ban arbitration of race claims

WASHINGTON, DC - NOVEMBER 09: The US Capitol dome is seen as the sun rises on November 9, 2022 in Washington, DC. Americans participated in the midterm elections to decide close races across the country after months of candidate campaigning. (Photo by Samuel Corum/Getty Images)

WASHINGTON (NewsNation) — Democratic lawmakers introduced a bill Thursday that would give workers who have been racially discriminated against the chance for a court trial rather than being forced into arbitration proceedings, according to a press release.

Sen. Cory Booker (D-N.J.) and Rep. Colin Allred (D-Texas) introduced the bicameral legislation — Ending Forced Arbitration of Race Discrimination Act — to “end the practice of forcing individuals who have experienced racial discrimination at work into arbitration,” the press release said.


“Racial discrimination has no place in our society, yet it persists in many workplaces,” Booker said. “No one should have to sign away their right to hold their employer accountable in court for racial discrimination, and this legislation will empower individuals to fight back against discrimination and promote equality in the workplace.”

Last year, Congress passed similar legislation that banned forced arbitration in employee lawsuits alleging sexual assault or sexual harassment. This bill does the same thing but for cases of racial discrimination in the workplace.

“Forced arbitration agreements enable a system that silences victims of racial discrimination and denies them their day in court,” Sen. Kirsten Gillibrand (D-N.Y.), an original cosponsor of the bill, said.

In recent years, there has been an increase in the use of mandatory arbitration in employment agreements, Axios reported.

According to a Department of Labor post, over 60 million workers are subject to mandatory arbitration, which includes “56% of all non-union private sector employees and 65% of employees making less than $13 per hour.”

This often means that workers making low wages rarely have the funds to afford the high cost of a discrimination claim against a former employer, Axios reported.