On Feb. 10, 2022, the United States Senate passed [by voice vote] H.R. 4445 — the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” also known as the “#MeToo Bill.” [Editor’s note: The U.S. House of Representatives approved the same legislation on Feb. 7, by a vote of 335-97.] The #MeToo […]
On Feb. 10, 2022, the United States Senate passed [by voice vote] H.R. 4445 — the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” also known as the “#MeToo Bill.” [Editor’s note: The U.S. House of Representatives approved the same legislation on Feb. 7, by a vote of 335-97.]
The #MeToo Bill will amend the Federal Arbitration Act and will invalidate mandatory arbitration agreements that preclude an employee from filing a lawsuit in court arising from workplace sexual assault or sexual harassment. The bill will have a significant impact on employment law, as these arbitration provisions are commonly included in employment contracts. The bill will also limit the ways in which employees can pursue their claims, and keep the details of those claims out of the public eye far more than a typical court proceeding.
[After the bill is signed into law], the invalidation of mandatory arbitration agreements related to workplace claims of sexual harassment or assault will apply to all new claims moving forward. To be clear, the bill does not prohibit arbitration entirely for these types of claims. Rather, it prohibits mandatory arbitration agreements. As such, individuals bringing claims are still free to choose arbitration if they desire. Based upon this new law, many employers will need to review the arbitration language in their employment agreements going forward.
Travis R. Talerico is an associate attorney in the Rochester office of Syracuse–based law firm Bond, Schoeneck & King PLLC. He concentrates his practice area in labor and employment law, and corporate litigation. Contact Talerico at ttalerico@bsk.com
