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 U.S. and multinational employers on a wide range of employment and workplace culture issues. She routinely provides guidance related to recruiting, hiring, compensation, job classifications, performance management, accommodations, leave, and separations. She assists clients in developing and implementing policies and procedures that comply with federal, state, and local requirements, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnant Workers Fairness Act, the Family and Medical Leave Act, the National Labor Relations Act, and the Fair Labor Standards Act. Amanda also regularly works with colleagues in California to advise on issues implicating California employment laws. She has led employee trainings on employment laws and best practices, and she regularly drafts and reviews offer letters, employment agreements, and restrictive covenant agreements.
Amanda frequently conducts internal investigations into allegations of employee misconduct, including discrimination, harassment, retaliation, and other sensitive workplace issues and advises clients on appropriate corrective action. Amanda is a member of the firm’s Institutional Culture and Social Responsibility practice, where she has worked with white collar colleagues to conduct civil rights and racial equity assessments, and comprehensive reviews of policies and practices related to diversity, equity, and inclusion.
Amanda assists clients in responding to demand letters from current and former employees and has experience working with clients to resolve potential claims through mediation. She frequently drafts position statements in response to EEOC and state agency charges and guides clients through agency investigations.
Amanda frequently drafts separation agreements and assists clients in navigating the complexities of reductions in force and layoffs in compliance with the WARN Act and applicable state laws.