Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
On March 3, 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”) into law. The Act amends the Federal Arbitration Act (FAA) to allow employees who signed arbitration agreements with their employer to file sexual assault and/or sexual harassment cases against the employer in court, thereby allowing the employee to invalidate agreements to arbitrate sexual assault and/or sexual harassment cases. The Act also eliminates class and collective action waivers for sexual assault and sexual harassment cases. The Act does not affect otherwise valid agreements to arbitrate claims that are not related to sexual assault and/or sexual harassment. This new federal law applies to all covered claims arising or accruing after March 3, 2022.