Congress is working on legislation to reverse the GOP's recent dismantling of sexual harassment protections
Last spring, congressional Republicans passed and President Trump signed a law repealing former President Barack Obama's Fair Pay and Safe Workplaces rule, finalized in August 2016, as part of their liberal use of the Congressional Review Act to nullify 14 Obama-era regulations. The rule required federal contractors to disclose sexual harassment and other labor violations before receiving significant federal contracts, Politico reports, and also forbade large contractors from forcing employees to take labor complaints to arbitration, typically secret proceedings where the worker is more likely to lose than in court.
Mandatory arbitration plays a big part in sexual misconduct cases, and former Fox News anchor Gretchen Carlson has made abolishing such clauses — ubiquitous in her former employer's sexual harassment settlements — a central plank in her campaign against sexual harassment. A few months after Trump signed the Fair Pay and Safe Workplaces repeal, The New York Times published its exposé on Hollywood producer Harvey Weinstein, starting the #MeToo moment that has forced out prominent men in media, the arts, and Congress.
"I can tell you without a doubt," Ben Olinsky, an Obama labor policy aide who helped write the jettisoned rule, tells Politico. "This provision would have brought significant new accountability to federal contractors with sexual harassment and assault." Now, Congress is working on bipartisan legislation, Senate bill 2203, that would ban forced arbitration not just among federal contractors but all businesses. Its main sponsor, Sen. Lindsey Graham (R-S.C.), voted to repeal the Obama rule.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Republicans say they did not repeal the Obama rule because of sexual harassment, which they point out is already illegal. But labor experts say contractors are especially vulnerable to sexual harassment, and the problem has grown as the number of federal contractors has mushroomed, costing more than $400 billion a year now from $182 billion in 1993. You can read more about the proposed and scrapped regulations at Politico.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Who were the ‘weekend snipers’ of Sarajevo?Under the Radar Italian authorities launch investigation into allegations far-right gun enthusiasts paid to travel to Bosnian capital and shoot civilians ‘for fun’ during the four-year siege
-
A free speech debate is raging over sign language at the White HouseTalking Points The administration has been accused of excluding deaf Americans from press briefings
-
Glinda vs. Elphaba, Jennifer Lawrence vs. postpartum depression and wilderness vs. progress in November moviesthe week recommends This month’s new releases include ‘Wicked: For Good,’ ‘Die My Love’ and ‘Train Dreams’
-
Newsom slams Trump’s climate denial at COP30speed read Trump, who has called climate change a ‘hoax,’ declined to send any officials to this week’s summit
-
UK, Colombia halt intel to US over boat attacksSpeed Read Both countries have suspended intelligence sharing with the US over the bombing of civilian boats suspected of drug smuggling
-
Trump pardons 2020 fake electors, other GOP alliesSpeed Read The president pardoned Rudy Giuliani and more who tried to overturn his 2020 election loss
-
Supreme Court to decide on mail-in ballot limitsSpeed Read The court will determine whether states can count mail-in ballots received after Election Day
-
Democrats split as Senate votes to end shutdownSpeed Read The proposed deal does not extend Affordable Care Act subsidies, the Democrats’ main demand
-
USDA orders states to ‘undo’ full SNAP paymentsSpeed Read The Trump administration is telling states not to pay full November food stamp benefits
-
Senate takes first step to end record shutdownSpeed Read Eight senators in the Democratic caucus voted with Republicans to advance legislation to reopen the government
-
Has Zohran Mamdani shown the Democrats how to win again?Today’s Big Question New York City mayoral election touted as victory for left-wing populists but moderate centrist wins elsewhere present more complex path for Democratic Party
