FROM SOCIAL MEDIA TO SOCIAL CHANGE: WILL #METOO ALTER CALIFORNIA ARBITRATION LAW? -

What began as a hashtag trending on Twitter may spur major change in the legislative arena in California. #MeToo not only brought global attention to the magnitude of sexual harassment and assault but also sparked a much-needed conversation about how to combat the problem outside of cyberspace. In the workplace, issues regarding sexual harassment, sex discrimination, and retaliation have moved to the forefront of the California Legislature as it attempts to address perceived shortcomings posed by mandatory arbitration. One bill getting particular attention is Assembly Bill 3080, introduced by Assemblywoman Lorena Gonzalez Fletcher. It specifically aims to ban employers from requiring workers to agree to arbitration as a condition of employment. Although the bill has passed the Assembly, challenges regarding preemption and significant employer opposition may ultimately send the Legislature back to the drawing board. In this article, we provide an analysis of the history of #MeToo, the aim of the pending legislation, and the conflicts with federal and case law that may well derail the legislation.

BACKGROUND -

On October 15, 2017, American actress Alyssa Milano urged women to write “Me Too” as a social media status if they had ever been victims of sexual assault. The call went viral on Twitter and elsewhere as over 1.7 million tweets responded from 85 countries. On Facebook, the hashtag was used more than 12 million times. The phrase was originally coined in 2006 by Tarana Burke, mainly as a movement to help survivors of sexual assault find healing. The social media hashtag has since expanded the movement, encompassing not only healing but awareness and a call for social responsibility through change. The movement has spurred conversations that touch all sectors of life, identifying sexual assault and harassment as a rampant problem that needs addressing. One such area is in employment, as numerous women shared stories about workplace harassment and subsequent blacklisting, particularly in the wake of the Harvey Weinstein sexual assault allegations. As the conversation has expanded, the California Legislature has taken steps to address the problem, although its solutions will be difficult to implement.