On March 3rd, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which allows sexual assault and sexual harassment claimants to void predispute arbitration agreements, as well as joint, class and collective action waivers, and pursue their claims in court. The law applies to federal, state and tribal law claims, and is effective for claims arising or accruing on or after March 3, 2022. What does this mean for the workplace? Employers are prohibited from requiring employees to arbitrate such claims, although employees may still choose to agree to arbitration. Employers are encouraged to review their arbitration agreements to determine whether any updates are needed, as well as their anti-harassment policies and procedures.
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