VIEWPOINT: Mandatory Arbitration of Workplace Sexual- Harassment Claims to be Prohibited

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 […]

Already an Subcriber? Log in

Get Instant Access to This Article

Become a Central New York Business Journal subscriber and get immediate access to all of our subscriber-only content and much more.

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

Travis R. Talerico

Recent Posts

Oswego Health says first robotically assisted surgery performed at its surgery center

OSWEGO, N.Y. — Oswego Health says it had the system’s first robotically assisted surgery using…

15 hours ago

Tioga State Bank to open Johnson City branch

JOHNSON CITY, N.Y. — Tioga State Bank (TSB) will open a new branch in Johnson…

15 hours ago

Oneida County Childcare Taskforce outlines recommendations to improve childcare

UTICA, N.Y. — A report by the Oneida County Childcare Taskforce made a number of…

15 hours ago

Cayuga Health, CRC announce affiliation agreement

ITHACA, N.Y. — Cayuga Health System (CHS), based in Ithaca, and Cancer Resource Center of…

1 day ago
Advertisement

MACNY wins $6 million federal grant for advanced-manufacturing apprenticeships

DeWITT, N.Y. — MACNY, the Manufacturers Association will use a $6 million federal grant to…

1 day ago

HUD awards $50 million to help redevelop Syracuse public housing near I-81

SYRACUSE, N.Y. — The Syracuse Housing Authority (SHA) and the City of Syracuse will use…

4 days ago