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 predispute 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.Continue Reading A Closer Look: New Law Ends Mandatory Arbitration for Sexual Assault and Sexual Harassment Claims
Amanda Michalski
Amanda Michalski is a member of the firm’s Employment Practice Group and counsels clients in a wide range of labor and employment issues. She advises clients on matters involving discrimination, harassment, retaliation, family and medical leave, remote work, and other workplace issues. She frequently drafts and reviews employee policies, employee handbooks, offer letters, and separation agreements. She also assists clients in responding to demand letters and EEOC charges.
Amanda is a member of the firm’s Institutional Culture and Social Responsibility practice, where she works with white collar colleagues to conduct workplace investigations into allegations of workplace misconduct and civil rights and racial equity audits and assessments.