2022: Schweikert Voted To Develop Policies And Procedures To Address Sexual Assault And Harassment In Passenger Transportation. In March 2022, according to Congressional Quarterly, Schweikert 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: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert 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, Schweikert 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: Schweikert Effectively Voted Against The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Of 2021. In February 2022, according to Congressional Quarterly, Schweikert 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: Schweikert Effectively Voted Against The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Of 2021. In February 2022, according to Congressional Quarterly, Schweikert 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: Schweikert Voted Against Creating Criminal Penalties For A Law Enforcement Officer To Participate In Sexual Acts With An Imprisoned Individual. In March 2021, Schweikert voted against 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: Schweikert Voted Against Prohibiting Police Officers From Engaging In Sexual Acts With An Individual Under Custody. In March 2021, Schweikert 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: Schweikert Voted Against An Amendment That Would Create Criminal Penalties And Civil Action For The Distribution Of Revenge Pornography. In March 2021, Schweikert voted against 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: Schweikert Voted Against 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, Schweikert voted against 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]