Senate Passes Act Prohibiting Arbitration for Sexual Assault or Sexual Harassment Claims

Takeaway:

• Once the Act is signed into law, sexual assault claims are excluded from arbitration requirements

On February 10, 2022, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which had previously passed the House of Representatives.  The Act next goes to the President, who is expected to sign it into law.

The Act invalidates any pre-dispute arbitration requirement for sexual assault or sexual harassment claims. Contrary to most arbitration issues, a court – not the arbitrator – determines the Act’s application, which is governed by Federal law.