Statement of Administration Policy: H.R. 963 - Forced Arbitration Injustice Repeal (FAIR) Act of 2022

STATEMENT OF ADMINISTRATION POLICY

(House Rules)
(Rep. Johnson, D-GA, and 203 cosponsors)

The Administration strongly supports passage of H.R. 963, the Forced Arbitration Injustice Repeal (FAIR) Act of 2022. This legislation would prohibit two common practices - the use of pre-dispute arbitration clauses that force arbitration of future employment, consumer, antitrust, or civil rights disputes; and waivers of the right to bring joint, class, or collective actions. These practices deprive workers and consumers of the ability to have their day in court when companies violate their rights, including their rights to minimum wage and overtime pay, workplaces free from discrimination, and the fair value of products and services they buy. The Administration is deeply committed to expanding access to justice and believes that no worker, business that wants to compete, or consumer should have to give up their access to the courts before a dispute has arisen.

Not only do these clauses prevent consumers and workers from having a fair shot at justice, they also hide companies' wrongdoing from other consumers who are choosing between products and workers who are deciding between jobs. 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 FAIR Act would make great strides to advance worker and consumer rights and expand access to justice - two critical priorities of the Administration. The Administration looks forward to working with Congress as the FAIR Act proceeds through the legislative process.