Ending Forced Arbitration of Sexual Harassment Claims
July 6, 2023 | Salo Law LLC
In 2022, President Joe Biden signed a groundbreaking law that addresses the issue of mandatory arbitration of sexual harassment and sexual assault claims. The new legislation marks a pivotal moment in the fight for workplace equality and seeks to empower survivors of sexual harassment and sexual assault to seek justice and hold perpetrators accountable. In this blog post, we will explore the key aspects of this law, its implications for employees, and the potential impact on workplace dynamics.
1. Understanding Mandatory Arbitration
Mandatory arbitration has long been a controversial practice in employment contracts, where employees are required to resolve disputes through private arbitration rather than pursuing litigation in court. The practice of mandatory arbitration often favors employers and can restrict employees' access to the legal system, making it difficult for survivors of sexual harassment to seek justice. In a nutshell, without the ability to sue in court, victimized employees lose their right to have a jury hear and determine the outcome, and the public lose the ability stay informed of the case.
2. The Limitations of Mandatory Arbitration
Under the new law, employers are prohibited from mandating arbitration for sexual harassment and sexual assault claims. This critical change ensures that survivors now have the option to choose between arbitration and pursuing legal action in court, providing them with a more equitable platform to address their grievances. This shift aims to promote transparency, accountability, and the potential for public awareness of workplace misconduct.
3. Empowering Survivors and Promoting Accountability
By granting employees the freedom to choose the forum in which they wish to address sexual harassment and sexual assault claims, this law empowers survivors and recognizes the significance of their voice in seeking justice. It serves as a deterrent to potential perpetrators, as public court proceedings can shed light on patterns of harassment and contribute to holding them accountable for their actions. Additionally, survivors may find a greater sense of support and validation through public court proceedings, encouraging more individuals to come forward with their experiences.
4. Impact on Workplace Culture
The new law has the potential to reshape workplace culture and foster an environment that prioritizes prevention and accountability. With mandatory arbitration no longer serving as a deterrent for reporting sexual harassment, employees may feel more empowered to speak up about misconduct without fear of being silenced or facing retaliation. This change can lead to increased transparency, improved reporting mechanisms, and ultimately a safer and more inclusive work environment for all employees.
5. Remaining Challenges
While the new law is a significant step forward, challenges may arise in its implementation. Employers may need to review and revise their policies and contracts to ensure compliance with the updated legislation. Additionally, many employees remain uninformed on the available avenues for reporting sexual harassment.
6. Conclusion
The law signed by President Joe Biden represents a milestone in the fight against workplace sexual harassment and sexual assault. By banning mandatory arbitration in sexual harassment and sexual assault claims, this legislation offers survivors greater agency and access to justice. Though there is still much more work to be done since employers can still compel employees to mandatory arbitration if other employment claims are at issue, this new law is a significant stride towards creating a more equitable and accountable work environment for all.
* * *
If you have questions about this legal change or have been a victim of workplace sexual harassment or sexual assault, you are welcome to reach out to Alina M. Salo directly at alina@salolawoffice.com.
Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice.