Microsoft Has Eliminated Mandatory Arbitration of Employee Sexual Harassment Claims. So, What?

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The #MeToo movement. The #TimesUp movement. Icons of media and industry brought down by sexual harassment scandals that date back years and decades. All this has led to much discussion in state legislatures, in legal circles, and in the media about possible solutions to the prevalence of allegedly unknown incidents of sexual harassment in the workplace.

On the federal side, acting EEOC Chair Victoria Lipnic recently stated that the EEOC will be updating its decades-old enforcement guidance on sexual harassment. That guidance will apparently be released “soon”. In addition, congressional lawmakers introduced legislation that would make it illegal for businesses to enforce arbitration agreements that workers must sign upon taking a job if the allegations involve either sexual harassment or gender discrimination under Title VII.

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