On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which restores survivors’ option to hold their abusers accountable in public court rather than in secretive, private arbitration (often funded by the defendant). The law prohibits employers from imposing the provisions of arbitration agreements on workers who have suffered sexual violence and sexual harassment on the job. In addition, the measure will apply retroactively, invalidating all existing agreements, no matter when they were entered into by employees.

Lieff Cabraser believes the law is a major step toward better workplace fairness and accountability. However, we also feel it does not go far enough, as it does not address removing forced arbitration from a variety of additional 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 used by corporations disingenuously as means to prevent employees from banding together in group actions such as class actions to hold companies accountable. We hope that Congress continues on from yesterday’s historic advances to end forced arbitration for all American workers in all employment situations, so that everyone is empowered to seek justice in open court to secure proper justice against all workplace wrongdoers.

Contact an Employee Rights Lawyer at Lieff Cabraser

If you would like to submit a complaint or report an experience of workplace harassment or assault, you can 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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