News & Analysis as of

Sexual Harassment Pending Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part V: U.S. Department of Education Attempts to Clarify Scope of Injunctions Barring Enforcement of...

The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher...more

Littler

UK: New Bill Could Mean Employers Are Liable for Third-Party Harassment

Littler on

The UK Government is supporting the Worker Protection (Amendment of Equality Act 2010) Bill to significantly expand employers’ liability for harassment in the workplace....more

Pullman & Comley - Labor, Employment and...

Federal Law Alert: Time's Up to Review Employee NDAs

On November 16, 2022, in a 315-109 vote, the U.S. House of Representatives passed the bipartisan “Speak Out Act,” previously passed by a unanimous Senate on September 29. President Joe Biden is anticipated to sign it, as the...more

Williams Mullen

Speak Out Act Clears House, Expected to Be Enacted

Williams Mullen on

On November 16, 2022, the House passed the Speak Out Act with bi-partisan approval. The Senate had passed the bill by unanimous consent back in September....more

Venable LLP

The Continued Expansion of New York's Workplace Harassment Protection

Venable LLP on

In March 2022, New York Governor Kathy Hochul signed three new bills into law that bolster New York State's anti-harassment and anti-discrimination laws. These three enacted laws address (i) release of employee personnel...more

FordHarrison

New York Enacts New Workplace Harassment and Discrimination Protections

FordHarrison on

New York is once again amending its anti-harassment and anti-discrimination laws to provide greater protections to employees. Earlier this week, two of these changes were signed into law by Governor Hochul. ...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington’s ‘Silenced No More Act’ Would Limit Use of Nondisclosure and Nondisparagement Provisions in Employment Agreements

The Washington Legislature recently voted to send the Silenced No More Act (Engrossed Substitute House Bill [ESHB] 1795) to Governor Jay Inslee’s desk for signature. As currently drafted, the proposed legislation would...more

Saiber LLC

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

Saiber LLC on

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). President Biden has expressed support for the Act and is expected to sign it....more

Stokes Wagner

Ending Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

Stokes Wagner on

On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). Once signed into law, arbitration agreements and joint-action waivers are...more

Akerman LLP - HR Defense

Sexual Harassment Complainants Guaranteed Their Day in Court – Employers Beware the Implications

Since the onset of the #MeToo movement, allegations of sexual harassment in the workplace are frequently spotlighted in the news and on social media. Still, many claims between employers and employees are resolved outside of...more

Kohrman Jackson & Krantz LLP

President Biden Poised To Initiate New Era Of Sex-based Workplace Dispute Litigation

With the passage of H.R. 4445, Congress has discovered a point of agreement: barring the mandatory imposition of arbitration for employees suffering from sexual assault or sexual harassment in the workplace. President Biden...more

Sheppard Mullin Richter & Hampton LLP

Congress Passes Bipartisan Bill to End Mandatory Arbitration of Sexual Harassment and Assault Claims in the Workplace

In a rare display of bipartisanship, Congress recently passed a new law that is poised to eliminate pre-dispute mandatory arbitration of sexual harassment and sexual assault disputes. On February 7, 2022, the House of...more

Goldberg Segalla

President Expected to Sign Bill from Congress Ending Forced Arbitration on Sexual Assault and Sexual Harassment Claims

Goldberg Segalla on

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), barring an employer’s enforcement of pre-dispute arbitration for claims of sexual assault or...more

Schwabe, Williamson & Wyatt PC

Employers Can No Longer Require Arbitration of Sexual Harassment Claims

On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes...more

Pullman & Comley - Labor, Employment and...

Congress Approves #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On February 10, 2022, the U.S. Senate approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”). As one might expect based on the name, the Act prohibits employers from requiring employees...more

Procopio, Cory, Hargreaves & Savitch LLP

Congress Moves to End Forced Arbitration of Sexual Assault and Sexual Harassment: What it Means for Employers

In the wake of the #metoo movement, the U.S. Congress has approved and sent to President Biden for his expected signature a modernized Federal Arbitration Act. ...more

CDF Labor Law LLP

Bipartisan Legislation Limiting Mandatory Arbitration of Sexual Harassment or Assault Claims Requires Employers to Re-Examine...

CDF Labor Law LLP on

Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more

Quarles & Brady LLP

Congress Bars Arbitration of Sexual Assault and Harassment Claims

Quarles & Brady LLP on

In our last alert, What Should Employers Expect in 2022, Non-COVID Edition, we predicted the Senate would pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, House Resolution 4445 (the...more

Bricker Graydon LLP

Congress passes bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

Bricker Graydon LLP on

On February 10, 2022, the U.S. Senate passed S. 2342, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, with strong bipartisan support. If signed by President Biden, the Act will end the use of...more

FordHarrison

Congress Passes Bill Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims

FordHarrison on

Following the recent trend of state laws prohibiting mandatory arbitration of sexual assault and harassment claims, the United States Senate passed HR 4445, entitled “Ending Forced Arbitration of Sexual Assault and Sexual...more

BakerHostetler

You Think #MeToo Is Over? Think Again.

BakerHostetler on

On Feb. 10, 2022, the Senate passed HR 4445, which, upon President Joe Biden’s expected signature, will amend the Federal Arbitration Act to allow an individual who is alleging sexual harassment or a sexual assault to elect...more

Bond Schoeneck & King PLLC

Update and Discussion on Legal and Practical Issues

COVID Update, Employee Benefits Update, Pending Federal Law Restricting Mandatory Aribitration and NDAs, Update on NYS COVID Paid Leave...more

Bodman

Senate Passes Bill Ending Mandated Arbitration in Sexual Misconduct Cases

Bodman on

On February 10, 2022, the Senate passed a landmark bill prohibiting enforcement of pre-dispute contract provisions that mandate arbitration for sexual harassment or assault claims. The bill also prohibits a “pre-dispute joint...more

Benesch

Congress Passes Legislation Curtailing Arbitration of #MeToo Lawsuits

Benesch on

On February 10, 2022, the U.S. Senate passed, with wide bipartisan support, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (HR 4445).” This landmark legislation amends the Federal...more

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