- With each sexual harassment allegation that comes to light, one question continues to arise: How have these harassers been able to get away with it for so long?
- One major reason is that most of these cases are never brought to court.
- Critics of mandatory arbitration clauses, which are becoming increasingly common in the US, say these company policies force victims to keep silent, allowing a cycle of abuse to continue.
Former Fox News Channel host Gretchen Carlson stunned the media world when she filed a sexual-harassment lawsuit against Fox News chairman and CEO Roger Ailes in 2016.
In her lawsuit, Carlson said Ailes repeatedly sexually harassed her, and that she was fired for turning down his sexual advances.
In signing her employment agreement 11 years prior, Carlson had agreed to resolve disputes with Fox News Channel through private arbitration. But she and her legal team found a way around this by suing Ailes personally.
The lawsuit ultimately led to Ailes’ resignation from the network, which he had run since its founding in 1996, and Carlson settled the suit for a reported $20 million in 2016. The suit also empowered more women to come forward against their harassers.
But the outcome could have been very different had Carlson simply abided by her mandatory arbitration clause.
With each sexual harassment allegation that comes to light, one question continues to arise: How have these harassers been able to get away with it for so long?
It turns out, the blame falls, in part, on the companies employing them.
A growing number of American companies are requiring workers as a condition of their employment to sign agreements that stipulate they must resolve a dispute with their employer through arbitration. This agreement is known as a mandatory arbitration clause.
As a result, more than half of American workers wouldn’t Read More Here