Catherwood LibraryILR School

Some sexual misconduct victims are choosing arbitration over court despite the 2022 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which was designed to expand access to lawsuits. Attorneys say workers often fear stigma, blacklisting, or permanent online records tied to public cases, making private arbitration seem safer. Younger employees tend to prefer arbitration for cost and speed, while older workers with ties to civil rights movements lean toward public litigation. Critics argue arbitration favors employers, but many workers still see it as the lesser of two difficult options.