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On March 3, 2022, President Biden signed a bill that will change the way sexual harassment or assault claims are handled at the workplace. For decades, employers have been allowed to enforce contract provisions, called “arbitration agreements,” that prevent employees who are victims of either sexual harassment and/or sexual assault from filing a lawsuit against their employer. Instead, employees who signed arbitration agreements could only have their legal claims heard in a private forum called arbitration. Arbitration is a way of resolving a dispute outside of the courts, where a private arbitrator is hired by the company to review the evidence, listen to the parties, and make a decision. They require the dispute to be heard out of the public eye, which protects not only the employer but also the individual who commit the offense, and potentially allows them to continue harassing other individuals. There is no right to a jury, and the decision cannot be appealed. These mandatory arbitration agreements are often required as part of the on-boarding process and are signed by unsuspecting employees before they ever know they would suffer sexual harassment at work. These agreements are drafted by employers and prevent employees from having their day in court.

After March 3, 2022, arbitration agreements will no longer be enforceable for victims of sexual harassment. Employees will still have the option to resolve their claims through arbitration if they wish, but they will no longer be forced to arbitrate by any employer contracts. The #metoobill now allows employees the option to file a lawsuit for any sexual harassment or sexual assault they may have suffered at work, regardless of whether they signed an arbitration agreement.

If you feel you have experienced sexual harassment or been sexually assaulted at work, our attorneys at Kitzer Rochel are here to help. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower issues in the workplace.

Biden Signs New Law Limiting Arbitration in Sexual Harassment Claims

March 3, 2022/in Blog, Employment

Employment claims are often subject to arbitration clauses. This means that employees who want to assert their rights and file a lawsuit are forced to arbitrate their claims instead of going to court. While there are some advantages to arbitration, the arbitration process often favors employers and arbitration clauses reduce the options available to employees in pursuing their claims. Arbitration is also private, which means that workers and sexual harassment survivors are not allowed to tell their story or have their case heard publicly.

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This new law amends the Federal Arbitration Act to render pre-dispute arbitration clauses unenforceable for sexual assault and sexual harassment claims. This is a step forward in restoring the ability to choose how to pursue these two types of claims.

If you have experienced sexual assault or sexual harassment, contact us. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options in light of this new law.

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