2022: Fitzpatrick Voted Against Prohibiting Contracts That Would
Require A Future Employment, Consumer, Antitrust, Or Civil Rights
Dispute To Be Resolved Through Forced Arbitration. In March 2022,
according to Congressional Quarterly, Fitzpatrick voted against the
Forced Arbitration Injustice Repeal Act of 2022, which would "prohibit
the enforcement of predispute arbitration agreements that would require
a future employment, consumer, antitrust or civil rights dispute to be
resolved through arbitration. It would also prohibit the enforcement of
predispute joint-action waivers that would interfere with an
individual's right to participate in a collective action with respect
to such disputes. It would permit the voluntary use of arbitration after
a dispute arises; require federal courts, not arbitrators, to determine
the applicability of the bill's provisions to a contract." The vote was
on passage. The House passed the bill by a vote of 222-209. [House Vote
81, 3/17/22;
Congressional Quarterly,
3/17/22; Congressional Actions,
H.R.
963]
The Bill Exempted Collective Bargaining Agreements From The Forced
Arbitration Prohibition As Long As The Agreements Would Not Waive A
Worker's Right To Seek Judicial Enforcement Of A Right. According
to Congressional Quarterly, "specify that the bill's provisions
would not apply to arbitration provisions in collective bargaining
agreements between an employer and a labor organization or between
labor organizations, as long as such agreements do not effectively
waive an employee's right to seek judicial enforcement of a right
arising under existing federal or state law." [Congressional
Quarterly, 3/17/22]
The Bill Would Nullify All Pre-Dispute Mandatory Arbitration
Agreements In Future Disputes In Employment, Consumer, Antitrust,
Civil Rights, And Others. According to Bloomberg Law, "The U.S.
House passed a bill that would void all pre-dispute mandatory
arbitration agreements in employment, antitrust, consumer, and other
matters, following on the heels of a new law that specifically
banned the agreements for #MeToo allegations." [Bloomberg Law,
3/17/22]
Supporters Of The Bill Argued It Was "Tricky" To Oppose Forced
Arbitration For Allegations Of Sexual Assault And Harassment While
Enabling Forced Arbitration For Race Discrimination Or Unequal Pay
Disputes. According to Bloomberg Law, "Backers of the broader bill
said it's tricky to say arbitration is harmful for workers alleging
sexual harassment but acceptable for those alleging race
discrimination or unequal pay. Opponents say the new #MeToo law is
vastly different from the FAIR Act." [Bloomberg Law,
3/17/22]
The White House Supported The Bill, Arguing That Forced
Arbitration Allow Companies To Conceal Their Wrongdoing From
Consumers Deciding Between Products And Workers Who May Be Choosing
Between Employment. According to Bloomberg Law, "The White House
endorses the act, saying such provisions conceal 'companies'
wrongdoing from other consumers who are choosing between products
and workers who are deciding between jobs.'" [Bloomberg Law,
3/17/22]
The White House Argued That The Elimination Of Forced Arbitration
Would Incentive Employers To Prevent And Fix Issues In The Workplace
And Business Practices. According to Bloomberg Law, "'Eliminating
the use of these clauses would increase incentives for employers to
prevent and remedy problems in the workplace and in their business
practices,' the White House said in a March 15 statement of
administration policy said." [Bloomberg Law,
3/17/22]
2022: Fitzpatrick Effectively Voted Against The Forced Arbitration
Injustice Repeal Act Of 2022. In March 2022, according to
Congressional Quarterly, Fitzpatrick voted against the "adoption of the
rule (H Res 979) that would provide for floor consideration of the
Forced Arbitration Injustice Repeal (FAIR) Act (HR 963) [...] The rule
would provide up to one hour of debate on each bill and floor
consideration of one amendment to HR 963." The vote was on the adoption
of the rule. The House adopted the rule by a vote of 219-207. [House
Vote 74, 3/16/22;
Congressional Quarterly,
3/16/22; Congressional Actions,
H.R.
963;
Congressional Actions, H.Res.
979]
2022: Fitzpatrick Effectively Voted Against The Forced Arbitration
Injustice Repeal Act Of 2022. In March 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 979) that would provide for floor consideration of
the Forced Arbitration Injustice Repeal (FAIR) Act (HR 963) [...] The
rule would provide up to one hour of debate on each bill and floor
consideration of one amendment to HR 963." The vote was on a motion to
order the previous question. The House agreed to the motion by a vote of
219-204. [House Vote 73,
3/16/22; Congressional
Quarterly, 3/16/22;
Congressional Actions, H.R.
963;
Congressional Actions, H.Res.
979]
2022: Fitzpatrick Voted Against An Amendment That Removed A Provision
That Exempted Collective Bargaining Agreements From The Forced
Arbitration Ban. In March 2022, according to Congressional Quarterly,
Fitzpatrick voted against a Republican amendment to the Forced
Arbitration Injustice Repeal Act of 2022, which would "strike from the
bill a section that would specify that the bill's provisions would not
apply to arbitration provisions in collective bargaining agreements
between an employer and a labor organization or between labor
organizations, as long as such agreements do not effectively waive an
employee's right to seek judicial enforcement of a right arising under
existing federal or state law." The vote was on the adoption of an
amendment. The House rejected the amendment by a vote of 184-246.
[House Vote 79, 3/17/22;
Congressional Quarterly,
3/17/22; Congressional Actions,
H.Amdt.
184;
Congressional Actions, H.R.
963]