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

A new law signed by President Biden brings significant changes to employers’ ability to require arbitration of certain disputes with employees and could lead to an increase in sexual assault and sexual harassment claims against employers in court. On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (“FAA”) to provide that pre-dispute arbitration agreements and predispute joint-action waivers relating to sexual assault and sexual harassment disputes are unenforceable at the election of the person or class representative alleging the conduct. The Act took effect immediately upon signing.

 

Further, it prevents employers from requiring that employees waive their rights to pursue workplace sexual assault and harassment claims as class actions. Accordingly, the Act removes significant barriers that employees may face to pursuing claims of workplace sexual harassment or assault in court.

 

Join us on Clatid to learn what steps Employers have to take in this regard from this quarter onwards. This training will provide in-depth guidelines on how you can modify your policies as per this new law. You'll also receive a FREE customized compliance tool to help you develop a deep understanding of it.

 

 

 

Why Should You Attend It?

The new Act restricts the enforcement of pre-dispute arbitration agreements and predispute joint-action waivers over sexual assault disputes and sexual harassment disputes. A sexual assault dispute is defined as a "dispute involving a nonconsensual sexual act or sexual contact including when the victim lacks the capacity to consent." A sexual harassment dispute is a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.

The Act does not expressly cover retaliation claims. If parties disagree as to whether the new law covers a particular dispute, the law provides that the determination is one for a federal court and not an arbitrator, regardless of whether an arbitration agreement delegates such determination to an arbitrator. This training will identify all the highlights of the new law and how Employers and professionals can mitigate the new law.

 

 

 

Get Answers to

-What is included in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act)?
-Why was this law proposed and what does it do for the victims of sexual assault and sexual harassment?
-What do Employers have to do to stay compliant with the new law?
-What policy changes need to be made?
-What types of claims are exempt from the law?
-Which states have similar regulations and how far do they go?
-How is sexual harassment training impacted by the law?
-Why the law may not cover retaliation claims?
-How do the employees impacted have more leverage when Employers create agreements?
-How will the court cases handle these claims in litigation?

 

 

 

What Will You Learn?

-What is the definition of arbitration agreements when it comes to sexual harassment?
-What are the key factors when developing any employee contract involving waivers to the law?
-What should be added to the Employee Handbook and standalone policies?

 

 

 

Who Will Benefit?

-All Employers
-Business Owners
-Company Leadership
-Compliance professionals
-HR Professionals
-Managers/Supervisors
-Employers in all industries

 

You may ask your Question directly to our expert during the Q&A session.

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