Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Mar 3, 2022
Statute: 136 Stat. 26
Became law: Mar 3, 2022
Mar 3, 2022
Statute: 136 Stat. 26
Became law: Mar 3, 2022
Summary
Gives people who experience sexual assault or harassment the choice to go to court, even if they signed an agreement to use private arbitration.
What problem does this solve?
Many job contracts forced people to handle sexual harassment claims in private, keeping them secret. This law gives victims the option to take their case to a public court instead, allowing for more openness.
What does this law do?
Voids forced arbitration agreements
Allows a person claiming sexual assault or harassment to make a pre-dispute arbitration agreement invalid for their case, giving them the option to go to court.
Voids waivers of group lawsuits
Allows a person to make a pre-dispute agreement that bans class or joint lawsuits invalid, letting them join with others in a legal case.
Lets courts decide applicability
Gives a court, not a private arbitrator, the power to decide if a dispute qualifies under this law, even if a contract says an arbitrator should decide.
Who does this affect?
- Victims of sexual assault or harassment
- Employers
- Employees
What is the real world impact?
•
Empowers victims with a choice
Provides victims of sexual misconduct the option to pursue their case in a public court, rather than being forced into a private, confidential arbitration process they may have unknowingly agreed to.
•
Increases transparency and accountability
Moves disputes from secret arbitration into the public court system. This can expose patterns of abuse and hold individuals and companies accountable, potentially preventing future harm.
When does this start?
Applies to all claims of sexual assault or harassment that happen on or after March 3, 2022.