Schakowsky, Takano, Garcia Introduce Bill to Ensure Access to Justice for Victims of COVID-19

EVANSTON - Today, Represenatives Jan Schakowsky (D-IL), Mark Takano (D-CA), and Jesus "Chuy" Garcia (D-IL), introduced the COVID-19 Justice and Accountability ACt. As the Biden-Harris Administration seeks to undo the harm caused by the previous Administration and get this pandemic under control, Congress must take the necessary step to provide statutory protections to all those impacted by this virus. Without a private right to action under the CARES Act and federal relief legislation, the courtroom doors will be closed to those who need access most.

"As the public health crisis rages on, it is critical that Americans' rights are protected," said Congresswoman Schakowsky. "A worker who becomes critically ill after being forced to work in unsafe conditions, a single mom who is denied COVID-19 testing and treatment, a small business owner improperly denied a recovery loan to stay afloat, and an airline employee whose hours have been unilaterally cut all deserve their day in court. The COVID-19 Justice and Accountability Act will ensure that these individuals have access to justice and law breakers are held accountable."

"A year into the start of this pandemic we've learned how important it is for people to have legal recourse if they've been exposed to COVID-19 due to someone knowingly violating federal law," said Congressman Takano. "Too many corporations and business entities have sought liability protections and have failed to put in place safeguards to keep workers safe. This legislation will help ensure that those who are negligent and who fail to abide by federal COVID-19 laws are held accountable."

"Essential workers are risking their health in grocery stores, hospitals, and warehouses during the COVID-19 pandemic, while corporations dodge accountability for unsafe conditions and force employees and consumers into arbitration to avoid the courts. We're introducing the COVID-19 Justice and Accountability Act to close a loophole that encourages exploitation and undermines safety," said Congressman García. "We must hold businesses accountable for safety during the pandemic and ensure workers have the legal tools to stay safe on the job."

While providing this private right to action, the COVID-19 Justice and Accountability Act also waives all predispute arbitration agreements arising under employment, consumer, antitrust, and civil rights law during the period of the national emergency and for 180 days after it ends. The bill also ensures that a federal judge, not an arbitrator, will decide the enforceability of any predispute arbitration agreement.

This legislation is supported by organizations like the Alliance for Retired Americans, Public Citizen, National Consumers League, Earthjustice, Communications Workers of America, the National Consumer Voice for Quality Long-Term Care, Unite Here, National Consumer Law Center (on behalf of its low income clients), Service Employees International Union, and the National Employment Law Project.

"Our courts belong to the people, and people deserve real justice. We should not be bullied into putting our rights in the hands of private corporate tribunals, like those in forced arbitration proceedings," said Patrice Simms, Vice President of Litigation and head of the Access to Justice program at Earthjustice. "Now more than ever, we need to protect workers' and consumers' right to hold corporations accountable when they do harm. We thank Congresswoman Schakowsky for her efforts to protect the public, especially when people's lives are on the line."

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