Pre-Dispute Arbitration Agreements and Class Action Waivers Now Invalid and Unenforceable for Sexual Harassment and Sexual Assault Claims

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On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is intended to allow sexual assault and sexual harassment survivors to have their day in court, try their claims before a jury, and prevent the concealment of their allegations. While this bill only relates to sexual harassment and sexual assault claims, the Biden Administration hopes to work with Congress to create similar legislation for race discrimination, wage theft, and unfair labor practice claims. The law is effective as to any dispute or claim that arises or accrues on and after the date of enactment.

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