Accessibility Tools

Skip to main content

Congress Passes Bills Guaranteeing Harassment Cases May Be Brought in Court

Written on .

The U.S. House of Representatives on February 7, 2022, and the U.S. Senate on February 9, passed bills that would prohibit enforcement of contract provisions that mandate third party arbitration of workplace sexual harassment or assault claims.  The measures are bipartisan, introduced by Democrats and Republicans.  The law as passed narrowly pertains to sexual harassment and assault allegations, although separate legislation that has not passed would nullify all pre-dispute arbitration agreements.  Proponents of this type legislation have argued that private arbitration allows offenders to escape public scrutiny and requires claimants to go to a private procedure buried in the fine print of employment policies.  Employers argue that arbitration is quicker and cheaper than other forms of litigation, and that arbitrators do just as good a job as judges and juries in deciding harassment cases.  The measures do not prohibit employers and plaintiffs from agreeing to arbitration after the dispute arises.  The new law applies to any dispute or claim that arises or accrues on or after the date of enactment and nullifies pre-dispute arbitration agreements covering sexual assault or harassment.  This legislation will be addressed further in the next newsletter.

This is part of our March 2022 Newsletter.

View newsletter online

Download newsletter as a PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
person staning next to someone in a wheelchair, outdoors

"No-Fault" Attendance Policy Upheld against Disability Claims

Employers continue to be confused about how to handle absences related to disabilities, as to applying their "no-fault" attendance polici...
person holding up a hand, stop, indoors

NLRB Issues First Unfair Labor Practice Complaint against Non-Competes and Training Repayment

The General Counsel of the National Labor Relations Board (NLRB), former union lawyer Jennifer Abruzzo, continues to attempt to expand th...
ftc front door

Department of Justice's Anti-trust Division Announces Anti-trust Compliance Programs Include Training for Human Resources

There is relatively recent increased attention from government enforcement authorities of anti-trust issues affecting human resource prof...
stylized ai graphic

AI Hiring Bias Is New Focus of EEOC

The Equal Employment Opportunity Commission's (EEOC) Strategy Enforcement Plan for 2024-2028 published in the Federal Register last year ...
old fashio keys, hanging on a ring, attached to a wood board

Keys to Address Employee Dissatisfaction and Activism

We are in a new age of employee dissatisfaction and activism.  There were critical labor shortages during the pandemic, and increased con...
promo graphic, Procedural Accommodations: Efficiently Handling Employer Obligations

Procedural Accommodations: Efficiently Handling Employer Obligations

The ADA and other legislation – both states as well as federal -- often require “reasonable accommodations” in a multiplicity of settings...