News & Analysis as of

Pre-Dispute Arbitration #MeToo

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

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

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

Fox Rothschild LLP

New Federal Law Restricts Arbitration Agreements for Sexual Assault and Harassment Claims

Fox Rothschild LLP on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is expected to be signed into law soon by President Biden and will amend the Federal Arbitration Act (FAA) to allow employees who are bound by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Akerman LLP - HR Defense

Federal Judge Rejects New York Law Prohibiting Mandatory Pre-Dispute Arbitration of Sexual Harassment Claims

New York’s ban on pre-dispute agreements requiring employees to use arbitration to resolve sexual harassment claims is invalid, a federal judge in Manhattan has ruled. In a decision from the United States District Court for...more

Kramer Levin Naftalis & Frankel LLP

The Southern District of New York Holds That New York’s Prohibition of Pre-Dispute Mandatory Arbitration of Sexual Harassment...

In April 2018, as part of a major reform to combat sexual harassment in the workplace, New York enacted a law rendering pre-dispute agreements to arbitrate sexual harassment claims null and void “[e]xcept where inconsistent...more

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