Last week, in a resounding victory, the House passed the Forced Arbitration Injustice Repeal (FAIR) Act, which would prevent corporations from requiring individuals or small businesses to arbitrate any civil rights, employment, consumer or antitrust litigation. Now, it is critical that the Senate act quickly to ensure access to justice for Americans everywhere by passing the FAIR Act and bringing it one step closer to law.

The MeToo movement has highlighted the dangers of forced arbitration. Celebrities as Gretchen Carlson explained how these hidden clauses prevent employees and consumers from seeking justice in court. In fact, most Americans have – often unknowingly – waived their constitutional right to sue. Instead, they are sent to heavily rigged private arbitration in favor of big employers and big business. Fortunately, on March 3, President Joe BidenJoe BidenBiden to visit Poland on European trip Former DC judge, Penn law professor, to introduce Ketanji Brown Jackson at hearing US finds violence against Myanmar’s Rohingya was a genocide: MORE report enacted the law ending forced arbitration of sexual assault and sexual harassment. The law overrides forced arbitration clauses for claims of sexual assault or harassment in the workplace, at school, and even in housing and health care. However, while the law was a crucial step forward, the Senate must take final steps to pass legislation that will protect the millions of people the law left behind. Compulsory arbitration is still underway for other types of cases on behalf of workers, consumers, nursing home patients, investors and others.

Take the case of Owen Diaz. He lived through years of racial harassment and verbal abuse at Tesla. The abuse – which ranged from witnessing swastikas to being ordered to “go back to Africa” ​​- caused him to lose weight and sleep. His victory in court was rare: Because he was a contractor, not a formal Tesla employee, Diaz had not signed a binding arbitration clause. However, those of Diaz’s colleagues who suffered the same discrimination, but who are employed, cannot arrive at the same result. In fact, Tesla is currently fighting a class action racial discrimination case, arguing that it should be sent to arbitration. And in the wake of its case, Tesla even imposed a forced arbitration clause on current and future contractors.

However, forced arbitration is not limited to the workplace. These clauses are also prevalent in consumer contracts, including “44% of checking account contracts, 53% of credit card contracts, 83% of prepaid credit card contracts, 98% of college tuition agreements for-profit and 99% of payday loan agreements.” The practices of predatory payday loan companies, which disproportionately locate themselves in communities of color, are particularly appalling – so much so that Blacks are 105% more likely than other racial groups to use payday lenders. This means that forced arbitration hits communities of color both in the workplace and in their daily lives.

The law ending forced arbitration of sexual assault and sexual harassment leaves out people like Diaz and his colleagues, who have been racially harassed, not sexually harassed. It also raises the question: what if someone experiences more than one type of bullying? Or wage discrimination based on sex? Or bullying? The narrow scope of the law means that an employee who has suffered abuse based on multiple identities – for example, race, gender, immigration status and disability – is able to be able to litigate certain claims but not others. A person should analyze their characteristics, undoing decades of effort to show that people can be discriminated against because of their intersecting identities.

Dividing claims between arbitration and the courts is not only impractical, but also a waste of judicial and litigation resources. Employees who experience discrimination and harassment any base deserve to have their day court.

MeToo has shed light on sexual harassment in areas ranging from technology to journalism. However, the solution cannot focus only on occupations where people are already likely to have economic stability and access to resources. People with the fewest resources are most likely to experience several types of workplace abuse. Consider that nearly eight out of ten women farm workers experience sexual harassment at work. Under a law that only ends forced arbitration for sexual harassment, how could a farm worker claim full responsibility for workplace bullying that also includes threats of expulsion, wage theft, dangerous living conditions and racial harassment? The short answer: she couldn’t. If a solution only protects those who already have the most resources, then it is not a solution at all.

This is why it is essential that elected officials intervene and declare what voters of all political lines agree on: That people should always have the right to their day in court. The Senate must pass the FAIR Act without further delay and affirm everyone’s choice to seek justice on their own terms.

Paul Bland is Executive Director of Public Justice.