Sexual Harassment Claims Preclude Arbitration Even if the Federal Arbitration Act is Not Explicitly Invoked in an Arbitration Agreement
By EsqSocial Corporation 12/03/25
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), a federal law, is unique for its role in overriding the policy in favor of the enforcement of arbitration agreements. The Act was legislated so that victims of sexual assault and harassment in the workplace would be entitled to their day in court, rather than behind the closed doors of a private arbitration, if that is what they prefer. As such, where the Federal Arbitration Act (“FAA”) applies, so...
By: Ervin Cohen & Jessup LLP