Publication
It’s Official: The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” Is Now Law
By William R. Hayden and Audrey E. Chastain
As anticipated, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) today. Effective immediately, the Act amends the Federal Arbitration Act and limits the enforceability of U.S. employers’ mandatory arbitration agreements that require all employment-related claims be arbitrated, rather than litigated. We discussed here the Act’s carve-out for claims of sexual assault or sexual harassment, meaning that employees may now pursue their sexual assault or sexual harassment claims in court, regardless of whether they signed an arbitration agreement with their employer.
The Act is largely a product of the #MeToo movement’s ongoing efforts. Although the Act addresses only claims of sexual assault or sexual harassment, we anticipate that similar legislation will be proposed that addresses workplace claims of race-related discrimination or harassment – a result of racial justice movements, such as Black Lives Matter.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
