Blumenthal on Carlson Harassment Settlement: How Many More Victims are Suffering in Silence?

[WASHINGTON, DC] – Following reports that Gretchen Carlson has settled her sexual harassment claim against Fox News chairman and CEO Roger Ailes, U.S. Senator Richard Blumenthal raised concerns regarding other workers who are prevented from coming forward with their own claims of workplace harassment by provisions in their employment contracts that push their claims to secret arbitration and prohibit any public discussion of them. In August, Blumenthal and U.S. Senators Dick Durbin (D-IL) and Al Franken (D-MN) wrote the American Arbitration Association and three other major arbitration companies requesting information regarding the prevalence of binding secret arbitration clauses in sexual harassment and other employment cases. The Senators expressed particular concern regarding the use of “cover up clauses,” which deny workers the ability to speak openly and honestly about their claims of abuse.

“Ms. Carlson showed tremendous courage by coming forward to share her story after decades of workplace harassment. Although her case has settled, we don’t know how many others are forced to suffer in silence, rendered voiceless by ‘coverup clauses’ that mute victims and suppress justice,” Blumenthal said. “Our legal system should encourage people to speak openly and honestly about their claims, instead of discouraging them from coming forward.”

In last month’s letter to the American Arbitration Association and three other major arbitration companies, the Senators wrote: “Requiring a completely secret and silent process serves the interests of companies that wish to avoid the consequences of their actions. Workplace harassment and abuse is a scourge, occurring far too often and reported far too infrequently. We should do all we can to help victims come forward and tell their stories. Our system should respect the bravery that accompanies such an act.”

Mandatory arbitration clauses are an increasingly popular tool in the business community and are currently written into a wide variety of contracts, including Ms. Carlson’s contract at Fox News. These clauses have a chilling effect on workers bringing forward legitimate claims, silencing victims and denying the American public their right to information that may directly relate to their lives. As the Senators wrote, “If Ms. Carlson had followed Mr. Ailes’s reading of her contract, her colleagues might never have learned that she was fighting back. They might never have followed her example; Roger Ailes might never have been exposed; and Fox News might never have been forced to change its behavior. Decades of alleged abuse – harassment that should disgust and astound any reasonable person – could have been allowed to continue.”

The full text of the letter to the American Arbitration Association is available here and copied below.

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