Clyde Snow

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

by | Apr 1, 2022

As of March 3, 2022, employers can no longer contractually require that sexual harassment and sexual assault lawsuits be arbitrated. In the wake of the #MeToo movement, the 100-year-old Federal Arbitration Act has been amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The Act provides that pre-dispute arbitration agreements and class action waivers are unenforceable as applied to claims for sexual assault or sexual harassment. Claimants may still agree to engage in arbitration after the dispute arises.

The Act is part of a broader effort to create exceptions to the Federal Arbitration Act’s general policy of favoring arbitration over litigation. Specifically, the view of many lawmakers is that employees with claims involving race discrimination, wage and hour disputes, and other labor claims should have their day in court and have the opportunity to make the public aware of their experiences, with the goal of deterring employers and other perpetrators from engaging in bad behavior.

The Act applies “to any dispute or claim that arises or accrues on or after” March 3, 2022. For arbitrations already pending or for claims that accrued before March 3, 2022, the Act will not apply retroactively. The Act does, however, apply to invalidate pre-dispute arbitration agreements and class or claim waivers to the extent claims have not already accrued.

Employers should review any existing arbitration agreements and claim waivers – including those involving not only employees, but also contractors, vendors, customers, and others – to ensure that any requirements that claims of sexual assault or harassment be arbitrated are removed.

For more information, contact a Clyde Snow Labor & Employment Attorney at (801) 322-2516.

Sign up for our latest updates.

Recent Posts

Ripple Effect Rewind! – Silver-Buckshot

This week we are revisiting an earlier episode that is still highly relevant to today's water discussion. We are looking back on episode 43: Silver-Buckshot.Jesse Clark of Stream Landscape Architecture and Planning talks us through his many projects and the...

Ripple Effect Rewind! – River City

This week we are revisiting an earlier episode that is still highly relevant to today's water discussion. We are looking back on episode 21: River City.Soren Simonsen, Executive Director of the Jordan River Commission, discusses the importance of vibrant urban...

Ripple Effect 161: Maven’s Notebook

Chris Austin, publisher of Maven’s Notebook, walks us through her EXCELLENT website covering all things California water news. Maven’s Notebook is brimming with timely and comprehensive information on a number of hot topics. Chris discusses collaboration as both the...

Ripple Effect 160: Great Salt Lake Issues Forum

Lynn de Freitas, Executive Director of Friends of Great Salt Lake, joins us to discuss their 2024 Great Salt Lake Issues Forum – "Great Salt Lake: To Preserve and Protect in Perpetuity, How are We Doing?" A great conversation about how to gauge progress on the Lake...

Ripple Effect 159: Solar Panels Over Canals

Jon Parry, Assistant Manager for Weber Basin Water Conservancy District, joins us to discuss the many benefits of their solar panel demonstration project over the Layton Canal. This project is so cool on so many levels and has some serious potential for scalability...

Ripple Effect 158: HDH Desalination Technology

Christopher Link, Founder, joins us to discuss his HDH Desalination Technology and his HALO Team’s participation in Elon Musk’s X-Prize Competition. Do not miss this conversation! So many interesting and innovative ideas occurring about how to incentivize useful water...

Related Posts