MRW Applauds Enactment Of The “Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act”
MRW is gratified to see that on March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment.”
Forced arbitration clauses are frequently used by employers as a way to shield embarrassing litigation from the public. Arbitrations also tend to be much more employer-friendly than jury trials. Not only does forced arbitration of discrimination cases prevent others, including fellow employees, from learning about bias in the workplace, it impairs the development of discrimination law since arbitration decisions have no precedential authority.
While MRW welcomes the elimination of forced arbitration clauses in sexual harassment and assault cases, we continue to believe that force arbitration in any workplace discrimination case should be outlawed.