Federal: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act


On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (HR 4445). The act amends the Federal Arbitration Act by allowing employees subject to pre-dispute mandatory arbitration agreements to pursue their claims related to sexual assault or sexual harassment in court. The law also allows workers to choose how to pursue their cases after sexual assault or harassment has occurred. According to the White House press briefing, “[t]his law will affect the more than 60 million workers who are subject to mandatory arbitration clauses in the workplace, often without realizing it until they come forward with a claim against their employer. President Biden has long spoken against forced arbitration clauses in employment contracts, and today marks an important milestone in empowering survivors of sexual assault and sexual harassment and protecting employee rights.”


The White House also live broadcasted the signing and the Chair of the U.S. Equal Employment Opportunity Commission (EEOC) also released a statement about the act.

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