Congress Passes Bill Ending Arbitration of Workplace Sexual Harassment

The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”, which the President Biden is expected to sign into law, amends the Federal Arbitration Act (FAA) to prohibit employers from including mandatory arbitration clauses in pre-dispute arbitration agreements (i.e., contracts, employee handbooks, or offer letters) that apply to claims of sexual harassment or assault. The bill also bars the inclusion of any provisions waiving an employee’s right to bring sexual harassment or assault claims jointly and/or on a class basis.

Jackson Lewis:
Congress Passes Federal Law Restricting Arbitration Agreements for Sexual Assault, Harassment Claims