Hill, Farrer & Burrill LLP

President Biden Signs New Law Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims

On Thursday, March 3, 2022, President Biden signed into law H.R. 4445, known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”  This is an important change to the Federal Arbitration Act (FAA) that allows employees alleging sexual assault or sexual harassment claims to file those claims in court and prevents them from being forced to arbitration.

The law gives individuals alleging sexual assault or harassment the right to invalidate any pre-dispute arbitration agreements and class action waiver clauses and proceed in the appropriate court or agency under federal or state law.  The law makes it clear that employees who are parties to an arbitration agreement have the choice of whether to pursue their sexual assault or harassment claims in arbitration or in court, regardless of what the arbitration agreement says. Read more→