On March 31, 2022, Doreen Martin, Allison Gotfried, and Taylor Bleistein published “Workplace Sexual Misconduct: The Likely End of Mandatory Arbitration Agreements” in HR.com’s e-magazine, HR Legal & Compliance. The following is an excerpt:
On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA), drastically limiting the scope of pre-dispute arbitration agreements and class/collective action waivers for sexual harassment and sexual assault disputes, and ushering in substantial protections for victims of workplace sexual misconduct. Consistent with his Statement of Administration Policy, U.S. President Biden signed the act into law on March 3, 2022. While many states have taken steps toward limiting or prohibiting the application of mandatory arbitration agreements for sexual harassment in the workplace, this is the first successful piece of federal legislation to address this topic specifically.
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