Effective March 3, 2022, employers can no longer require employees to arbitrate claims of sexual harassment or sexual assault.
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), which amends the Federal Arbitration Act and allows employees to pursue sexual harassment and sexual assault claims in court – even if the employees are subject to mandatory arbitration agreements. The Act applies to claims that “arise or accrue” as of March 3, 2022. Employees can still agree to arbitrate these claims, but they can’t be forced to do so.
Sexual harassment remains prevalent in the workplace. According to the U.S. Equal Employment Opportunity Commission (“EEOC”), the federal agency that interprets and enforces the provisions of Title VII of the Civil Rights Act of 1964, 6,587 sexual harassment charges in the private sector were filed with the EEOC in Fiscal Year 2020.
What this means to you:
If your organization requires employees to sign a mandatory arbitration agreement, it’s time to review that agreement to ensure it complies with the new law.
It’s also a good time to remind your employees of your workplace policies regarding harassment, and expectations about workplace behavior. Show your organization’s commitment to a respectful workplace that’s free from harassment by giving your workforce an interactive, instructor-led
harassment prevention or respectful workplace training. To learn about Fair Measures’ training programs, please call 800-458-2778 or by emailing us.
Updated 04-05-2022
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
