It’s Time to Re-Visit Arbitration Agreements and Waivers under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445, the “Act”), which amends the Federal Arbitration Act and ensures that victims of sexual assault and harassment are entitled to have their day in court. Specifically, the Act provides that no …

The Michigan Court of Appeals Addresses Sexual Harassment and Mandatory Arbitration Agreements

Mandatory arbitration agreements for employment claims have been increasingly criticized, but that criticism has increased dramatically for sexual harassment cases.  The #MeToo movement has generated significant pressure to exclude sexual harassment claims from mandatory employment arbitration agreements, and proposed legislation federally and in various states seeks to bar mandatory arbitration agreements or at least to …