The House and Senate have passed an important law to help prevent sexual harassment, called “The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” It stops employers from imposing arbitration agreements on employees who have suffered sexual harassment or sexual assault by their employer. Employees now can bring claims against their employer in court and in public, rather than being forced into secretive, private arbitration. As the new law recognizes, forced arbitration protects wrongdoers: it enables serial predators to go unchecked, and it prevents stakeholders from ensuring that appropriate steps are taken, even when the employee proves their case.
Lieff Cabraser believes the law is a major step toward workplace fairness and accountability, but it does not go far enough. The law does not address a variety of toxic and unfair workplace practices, ranging from racial harassment to discriminatory pay and promotion to wage and hour violations. It also does not address how forced arbitration is a vehicle to prevent employees from banding together in group actions such as class actions.
If you would like to submit a complaint or report an experience of workplace harassment or assault, please use the form on this page to contact an employment lawyer at Lieff Cabraser to discuss your legal rights and remedies. All information will be held strictly confidential and there is no charge or obligation for our review of your case.
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