In 2022, The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was signed into law, giving employees the option to bring workplace sexual harassment claims to court even if they signed an employment agreement that requires mandatory arbitration. The Act also permits victims of sexual assault or harassment to be part of a class or collective action even if they waived their right upon being hired.
Previously, arbitration agreements precluded a victim of sexual assault or harassment from filing a lawsuit in court, forcing them into arbitration proceedings that typically were carried out in secret, often by arbitrators selected by employers. Forced arbitration left many victims of sexual assault and harassment feeling victimized when their claims were not taken seriously or were not adequately addressed.
With the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, victims of sexual assault and harassment in the work place are no longer forced into arbitration, but may elect to use arbitration or proceed to court with their claims of sexual harassment or assault. While the Act only applies to victims of sexual assault and harassment, some predict that other forms of workplace harassment claims will follow allowing victims of racial, disability or age discrimination the option to proceed to court or enter arbitration to resolve their complaint.
Employees are protected from employment discrimination based on race, color, religion, sex (including sexual harassment, pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history). If you are a victim of workplace discrimination, including harassment or retaliation for filing a complaint, contact the employment law attorneys of Alan C. Olson & Associates for immediate assistance at 262-785-9606.
