The End to Mandatory Arbitration of Sexual Assault and Sexual Harassment Disputes

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (the “FAA”) to give individuals asserting sexual assault or sexual harassment claims the option to bring those claims to court, even if they had previously entered into agreements to arbitrate such disputes before the claims arose. The introduction of the Act is consistent with the Biden administration’s Agenda for Women and its stated goals to end violence against women and protect and empower women around the world.

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