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CA employers may require mandatory arbitration as Ninth Circuit held FAA preempts AB 51 prohibiting forced arbitration as a condition of employment. However President Biden Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 must not be ignored.
President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The #MeToo-inspired bill is intended to allow sexual assault and sexual harassment survivors to have their day in court.
President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The #MeToo-inspired bill is intended to allow sexual assault and sexual harassment survivors to have their day in court.
New Bill H.R. 4445 prohibits pre-dispute arbitration clauses and waivers of right to bring joint actions in cases of sexual assault or sexual harassment. Courts, not arbitrators, determine the applicability of H.R. 4445. Questions remain as to how H.R. 4445 applies.
Congress recently passed, and President Biden is expected to sign, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law is limited in scope and impacts pre-dispute agreements to arbitrate claims of sexual harassment.