News & Analysis as of

#MeToo Arbitration Agreements

Obermayer Rebmann Maxwell & Hippel LLP

EFAA Update: Only Plausible #MeToo Claims Can Avoid Arbitration

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”) has been law for just over a year. The bill was signed by President Biden on March 3, 2022, and amended the Federal Arbitration...more

Smith Gambrell Russell

“Speak Out Act” is now Law; Pre-Dispute NDAs and Non-Disparagement Agreements Are No Longer Enforceable for Claims Involving...

Smith Gambrell Russell on

On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act, which was introduced by Senator Kirsten Gillibrand, passed with bipartisan support. The Act is the second law this year designed to address...more

Dorsey & Whitney LLP

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Dorsey & Whitney LLP on

The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout...more

Gray Reed

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act – Five Key Takeaways

Gray Reed on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), prohibiting employers from enforcing predispute arbitration agreements and class...more

Spilman Thomas & Battle, PLLC

The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions

On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” This law amends the Federal Arbitration Act related to arbitration agreements to...more

Bradley Arant Boult Cummings LLP

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

FordHarrison

Time to “Waive” Goodbye to Mandatory Arbitration Agreements? The Case for Utilization of Jury Trial Waivers in Florida

FordHarrison on

Executive Summary - In the early 1990s, roughly two percent of American workers were subject to mandatory arbitration agreements with their employers. By 2018, that number was closer to sixty percent. But while predispute...more

Kohrman Jackson & Krantz LLP

FAIR Act: U.S. House Passes Bill Eliminating Mandatory Arbitration Agreements

U.S. HOUSE PASSES THE FAIR ACT - On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions...more

FordHarrison

Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment...

FordHarrison on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more

Foley & Lardner LLP

New Jersey’s “Ban” Against Mandatory Arbitration Provisions Suffers Another Setback

Foley & Lardner LLP on

Since its enactment in 2019, the ban against mandatory arbitration provisions in employment agreements contained in Section 12.7 of New Jersey’s Law Against Discrimination (NJLAD) has been on thin ice. And it appears to have...more

Jones Day

New Federal Law Prohibits Mandatory Arbitration of Sexual Assault and Harassment Claims

Jones Day on

On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more

Benesch

Mandatory Arbitration Agreements May Be in Jeopardy

Benesch on

A bill that would prohibit most pre-dispute mandatory arbitration agreements is one step closer to becoming law. The U.S. House of Representatives passed the Forced Arbitration Injustice Repeal Act (“FAIR Act”) yesterday...more

Manatt, Phelps & Phillips, LLP

Sexual Harassment, Assault Claims No Longer Subject to Arbitration Under FAA

President Joseph Biden has signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, allowing individuals asserting a claim of sexual harassment or assault to file suit in court despite the...more

Rumberger | Kirk

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Rumberger | Kirk on

...As anticipated, President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (hereinafter “new law”). The new law amends the Federal Arbitration Act (FAA) to give...more

Holland & Knight LLP

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Signed into Law

Holland & Knight LLP on

President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act) on March 3, 2022. The Act amends the Federal Arbitration Act and gives individuals asserting...more

Pullman & Comley - Labor, Employment and...

President Signs #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”) into law. As one might expect based on the name, the Act prohibits employers from requiring...more

Constangy, Brooks, Smith & Prophete, LLP

Biden signs #MeToo arbitration limit into law

Employers can't require arbitration of sexual harassment, assault lawsuits. President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The legislation provides that...more

Smith Debnam Narron Drake Saintsing & Myers,...

Say Good-bye to Mandatory Arbitration of Workplace Sexual Harassment Claims

On March 3, 2022, just days before the recognition of International Women’s Day on March 8, President Biden signed into law landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and...more

CDF Labor Law LLP

President Biden Signs HR 4445 Limiting Scope of Employment Arbitration Agreements

CDF Labor Law LLP on

To update our February 16, 2022 Blog, on March 3, 2022, President Biden signed the law amending the Federal Arbitration Act to prohibit mandatory arbitration of employee claims of sexual harassment or sexual assault....more

Morgan, Brown & Joy, LLP

New Federal Law Prevents Enforcement of Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims

On March 3, 2022, President Biden signed into law H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act’). The Act amends the Federal Arbitration Act and prevents the...more

Clark Hill PLC

President Signs “Me Too” Bill Into Law Prohibiting Mandatory Arbitration of Workplace Sexual Harassment and Sexual Assault Claims

Clark Hill PLC on

On March 3, 2022, President Biden signed a bill into law that prohibits the enforcement of contract provisions mandating third-party arbitration of workplace sexual harassment or assault claims and allows victims to have...more

Pillsbury Winthrop Shaw Pittman LLP

See You in Court? Under New Federal Law, Sexual Harassment Claims Are Not Subject to Mandatory Arbitration

The Federal Arbitration Act is amended to invalidate pre-dispute arbitration agreements as to sexual harassment and/or sexual assault claims. This law allows persons alleging harassment or sexual assault the freedom to decide...more

Kaufman & Canoles

Employment Law Alert – Forced Arbitration of Sexual Assault and Harassment Now Outlawed

Kaufman & Canoles on

Many employers require employees to sign agreements that contain arbitration provisions. Under such provisions, employees forgo bringing claims arising out of their employment in court and instead agree that an arbitrator or...more

Burr & Forman

Clauses Requiring Arbitration of Sexual Assault and Sexual Harassment Claims Are Now Voidable

Burr & Forman on

What is Mandatory Arbitration? - Mandatory arbitration clauses and agreements require individuals to pursue potential legal claims through arbitration instead of through the court system. ...more

Kramer Levin Naftalis & Frankel LLP

The End of Mandatory Arbitration and Class and Collective Action Waivers in Sexual Harassment and Sexual Assault Disputes

On March 3, President Biden signed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The Bill amends the Federal Arbitration Act (FAA) to invalidate predispute agreements to...more

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