2022: Fitzpatrick Voted To Develop Policies And Procedures To Address
Sexual Assault And Harassment In Passenger Transportation. In March
2022, according to Congressional Quarterly, Fitzpatrick voted for the
Stop Sexual Assault and Harassment in Transportation Act, which would
"require passenger transportation carriers, within 180 days of
enactment, to develop policies and procedures for addressing and
reporting sexual assault or harassment incidents that occur on their
vehicles." The vote was on passage. The House passed the bill by a vote
of 339-85, thus the bill was sent to the Senate. [House Vote 90,
3/30/22; Congressional
Quarterly, 3/30/22;
Congressional Actions, H.R.
5706]
The Bill Would Make It Punishable By A Fine Up To $35K For
Assaulting Or Threatening To Assault A Transportation Employee While
They Are Working. According to Congressional Quarterly, "Among
other provisions, it would make the assault of or threat to assault
a transportation employee while the employee is working punishable
by a fine of up to $35,000." [Congressional Quarterly,
3/30/22]
The Bill Would Commission The Transportation Department To Enact A
Program To Collect Information On Sexual Assault Or Harassment Cases
On Transportation Carriers And Collaborate With The Justice
Department To Create A Reporting Process For People Involved In
Those Incidents. According to Congressional Quarterly, "It would
require the Transportation Department to establish a program to
collect data on sexual assault or harassment incidents on
transportation carrier vehicles and coordinate with the Justice
Department to develop a streamlined reporting process for
individuals involved in such incidents." [Congressional Quarterly,
3/30/22]
The Bill Would Require Transportation Carriers To Develop
Policies, Training, And Reporting Procedures For Sexual Assault And
Harassment To Tackle An Increase Of Violence Against Transportation
Workers. According to Congressional Quarterly, "Last week, the
House passed a bill (HR 5706) 339-85 that would require all
transportation modes to establish formal policies, training and
reporting structures on sexual assault and harassment --- another
effort to combat a reported rise in hostility against those who work
in transportation." [Congressional Quarterly,
4/5/22]
2021: Fitzpatrick Voted For An Amendment Requiring Higher Institutions
To Develop And Administer An Online Survey Regarding Domestic Violence
And Sexual Assault And Harassment On Campus. In March 2021,
Fitzpatrick voted for en bloc amendments no.1 which would, according to
Congressional Quarterly, "require the Education Department to develop a
standardized online survey to be administered by higher education
institutions regarding student experiences with domestic violence,
dating violence, sexual assault, sexual harassment and stalking." The
vote was on the adoption of amendments. The House adopted the amendments
by a vote of 228-197. [House Vote 83,
3/17/21; Congressional
Quarterly, 3/17/21;
Congressional Actions, H.Amdt.
31;
Congressional Actions, H.R.
1620]
2022: Fitzpatrick Voted To End Forced Arbitration Agreements Of Sexual
Assault And Harassment, Which Would Allow Allegations To Be Heard In
Court. In February 2022, according to Congressional Quarterly,
Fitzpatrick voted for the Ending Forced Arbitration of Sexual Assault
and Sexual Harassment Act of 2021, which would "make predispute
arbitration agreements, which are common in workplace and consumer
contracts, invalid and unenforceable at the election of an individual
alleging sexual assault or harassment, thus allowing the allegations to
be heard in court. It would apply the same requirements to class action
suits alleging such conduct. It would specify that the applicability of
the bill's provisions to a dispute would be determined by the court,
not an arbitrator." The vote was on passage. The House passed the bill
by a vote of 335-97. The bill was passed in the Senate and ultimately
became law. [House Vote 33,
2/7/22; Congressional
Quarterly, 2/7/22; Congressional
Actions, H.R.
4445]
The Bill Amended The Federal Arbitration Act To Facilitate Victims
Of Sexual Assault And Harassment To Bring A Lawsuit To Court And Not
Be Coerced Into Arbitration. According to Forbes, "Compared to
many other laws passed by Congress H.R. 4445 is pretty short and
straightforward. Basically, it amends the Federal Arbitration Act to
make it easier for victims of sexual assault and/or harassment to
bring suit in court and not be forced to arbitrate their legal
claims." [Forbes,
2/16/22]
The Bill Ensured That Victims Would Get To Decide Whether To
Litigate Their Sexual Assault Or Harassment Legal Claims In Court Or
Arbitration, Prohibiting Forced Arbitration "Even If They Previously
Signed An Agreement Limiting Their Legal Remedies To Arbitration
Only." According to Forbes, "First, prospective plaintiffs, not
the defendants, get to choose whether to litigate their sexual
assault or harassment claims in court or through arbitration.
Individuals are no longer forced to arbitration and have this right
to choose even if they previously signed an agreement limiting their
legal remedies to arbitration only." [Forbes,
2/16/22]
The Bill Provided That Individuals May Decide To Bring Suit As An
Individual Or Class, Regardless If The Individual Previously "Waived
Their Right To Collective Legal Action." According to Forbes,
"Second, individuals may choose to bring suit individually or as a
class (through a class-action lawsuit). This right also exists
regardless of whether the individual signed an agreement waiving
their right to collective legal action." [Forbes,
2/16/22]
The Bill Applied To A Case To Be Decided Under Federal Law And By
A Federal Judge, Not An Arbitrator. According to Forbes, "Third,
the applicability of H.R. 4445 to a given case is to be decided
under federal law and by a federal judge, not an arbitrator."
[Forbes,
2/16/22]
The Bill Voided Existing Forced Arbitration Clauses And Contracts,
Regardless If They Were Signed Before The Bill Became Law, But Did
Not Allow Forced Arbitration-Completed Cases To Be Reopened.
According to Forbes, "Fourth, this law would partially apply
retroactively. What this means is that any existing forced
arbitration clauses or contracts are now voidable, even if the
individual signed the forced arbitration agreement before H.R. 4445
officially becomes law. However, prior cases that have already been
completed through forced arbitration cannot be reopened and
litigated in court." [Forbes,
2/16/22]
The Bill Extended Beyond Employment Contexts, Expanding To
Clients, Customers, Patients And Customers. According to Forbes,
"Fifth, H.R. 4445 isn't just limited to the employment context. In
addition to employees, other people potentially affected by this law
include clients, customers, patients and consumers. This is because
many consumer services, like property leases, ridesharing apps, home
improvement contracts and so on, often require the consumer to sign
a contract forcing them to arbitrate any legal claims concerning
sexual harassment or assault (instead of going to court)." [Forbes,
2/16/22]
The Bill Forced Companies To Put Greater Effort In Addressing
Claims Of Sexual Assault And Harassment. According to Forbes,
"This new law is more than just giving victims of sexual harassment
and assault 'their day in court.' It's also about forcing companies
to put more effort into addressing sexual assault or harassment
claims." [Forbes,
2/16/22]
The Bill Aimed To Encourage Companies To Prevent Sexual Assault
And Harassment Due To The Risk Of Sexual Misconduct Allegations
Becoming Public Lawsuits. According to Forbes, "Now that companies
know it's far more likely allegations of sexual misconduct could
result in a public lawsuit, they will try harder to prevent it from
happening in the first place. It's true that arbitration isn't
always confidential. However, it's usually easier for a
company-defendant to keep what goes on during arbitration private
compared to a conventional civil suit in state or federal court."
[Forbes,
2/16/22]
2022: Fitzpatrick Effectively Voted Against The Ending Forced
Arbitration Of Sexual Assault And Sexual Harassment Act Of 2021. In
February 2022, according to Congressional Quarterly, Fitzpatrick voted
against the "adoption of the rule (H Res 900) that would provide for
House floor consideration of [...] a bill (HR 4445) to restrict forced
arbitration with respect to sexual assault and harassment disputes." The
vote was on the adoption of the rule. The House adopted the rule by a
vote of 219-203. [House Vote 17,
2/2/22; Congressional
Quarterly, 2/2/22; Congressional
Actions, H.R.
4445;
Congressional Actions, H.Res.
900]
2022: Fitzpatrick Effectively Voted Against The Ending Forced
Arbitration Of Sexual Assault And Sexual Harassment Act Of 2021. In
February 2022, according to Congressional Quarterly, Fitzpatrick voted
against the "motion to order the previous question (thus ending debate
and possibility of amendment) on the rule (H Res 900) that would provide
for House floor consideration of [...] a bill (HR 4445) to restrict
forced arbitration with respect to sexual assault and harassment
disputes." The vote was on a motion to order the previous question. The
House agreed to the motion by a vote of 219-205. [House Vote 16,
2/2/22; Congressional
Quarterly, 2/2/22; Congressional
Actions, H.R.
4445;
Congressional Actions, H.Res.
900]
2021: Fitzpatrick Voted To Create Criminal Penalties For A Law
Enforcement Officer To Participate In Sexual Acts With An Imprisoned
Individual. In March 2021, Fitzpatrick voted for the Violence Against
Women Reauthorization Act of 2021 which would, according to
Congressional Quarterly, "make it a crime for a law enforcement officer
to engage in a sexual act with an individual under custody and authorize
supplemental grants to states that have a similar law in effect." The
vote was on passage. The House passed the bill by a vote of 244-172. The
Senate did not take substantive action on the bill. [House Vote 86,
3/17/21; Congressional
Quarterly, 3/17/21;
Congressional Actions, H.R.
1620]
2021: Fitzpatrick Voted Against Prohibiting Police Officers From
Engaging In Sexual Acts With An Individual Under Custody. In March
2021, Fitzpatrick voted against the George Floyd Justice in Policing Act
of 2021 which would, according to Congressional Quarterly, "make it a
crime for an officer to engage in a sexual act with an individual under
custody." The vote was on passage. The House passed the bill by a vote
of 220-212. The Senate did not take substantive action on the bill.
[House Vote 60, 3/3/21;
Congressional Quarterly,
3/3/21; Congressional Actions,
H.R.
1280]
2021: Fitzpatrick Voted For An Amendment That Would Create Criminal
Penalties And Civil Action For The Distribution Of Revenge
Pornography. In March 2021, Fitzpatrick voted for en bloc amendments
no.1 which would, according to Congressional Quarterly, "authorize
criminal penalties and civil action for the distribution of intimate
images of an individual without their consent." The vote was on the
adoption of amendments. The House adopted the amendments by a vote of
228-197. [House Vote 83,
3/17/21; Congressional
Quarterly, 3/17/21;
Congressional Actions, H.Amdt.
31;
Congressional Actions, H.R.
1620]
2021: Fitzpatrick Voted For An Amendment That Would Allocate $14
Million For Programs Offering Sexual Assault Medical Forensic Exams And
Sexual Assault Victim Services In Tribal Communities. In March 2021,
Fitzpatrick voted for en bloc amendments no.1 which would, according to
Congressional Quarterly, "reserve $14 million of the funding authorized
by the bill for sexual assault victim services grants for grants to
establish and expand programs offering sexual assault medical forensic
exams and sexual assault victim services in tribal communities." The
vote was on the adoption of amendments. The House adopted the amendments
by a vote of 228-197. [House Vote 83,
3/17/21; Congressional
Quarterly, 3/17/21;
Congressional Actions, H.Amdt.
31;
Congressional Actions, H.R.
1620]