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Saturday, October 17, 2026

How Congress can fight racial discrimination: Pass the FAIR Act | TheHill - The Hill

Last week, in a resounding victory, the House passed the Forced Arbitration Injustice Repeal (FAIR) Act, which would prevent corporations from requiring individuals or small businesses to arbitrate any civil rights, employment, consumer, or antitrust dispute. Now, it is critical the Senate swiftly moves ahead to ensure access to justice for Americans everywhere by passing the FAIR Act and bringing it one step closer to law.

The MeToo movement brought to light the dangers of forced arbitration. Celebrities such as Gretchen Carlson spoke out about how these hidden clauses prevent employees and consumers from seeking justice in court. In fact, most Americans have – often unknowingly – signed away their constitutional right to sue in court. Instead, they are sent to private arbitration that is heavily rigged in the favor of large employers and corporations. Fortunately, on March 3, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The Act voids forced arbitration clauses for claims of sexual assault or harassment in the workplace, at school, and even in relation to housing and health care. However, while the Act was a critical step forward, the Senate must take final action to pass legislation that will protect the millions of people the Act left behind. Forced arbitration is still occurring for other types of cases on behalf of workers, consumers, patients in nursing homes, investors, and others.

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