News & Analysis as of

Sexual Harassment Biden Administration New Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and...

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more

Verrill

The Speak Out Act: Key Points You Need to Know

Verrill on

With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits...more

Morgan, Brown & Joy, LLP

President Biden Signs the “Speak Out Act” – Prohibiting Employers from Enforcing Pre-dispute Nondisclosure and Nondisparagement...

Morgan, Brown & Joy, LLP on

On December 7, 2022, just nine months after signing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, President Biden signed the Speak Out Act (the “Act”). President Biden’s signature on the Speak Out...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Akerman LLP - HR Defense

Silenced No More: The Speak Out Act Set To Curb Nondisclosure Agreements For Victims Of Sexual Misconduct

Akerman LLP - HR Defense on

Employers who have made use of pre-dispute nondisclosure and nondisparagement agreements will now have to change those practices and reevaluate their existing agreements thanks to the “Speak Out Act” (the “Act”) – a...more

Littler

President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving...

Littler on

Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority.  The bill previously...more

Dorsey & Whitney LLP

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Dorsey & Whitney LLP on

The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout...more

Gray Reed

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act – Five Key Takeaways

Gray Reed on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), prohibiting employers from enforcing predispute arbitration agreements and class...more

Bradley Arant Boult Cummings LLP

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Fenwick & West LLP

Federal Arbitration Act Amended to Prohibit…

Fenwick & West LLP on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), which amends the Federal Arbitration Act (the FAA) and prohibits employers from requiring...more

Kohrman Jackson & Krantz LLP

FAIR Act: U.S. House Passes Bill Eliminating Mandatory Arbitration Agreements

U.S. HOUSE PASSES THE FAIR ACT - On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions...more

FordHarrison

Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment...

FordHarrison on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more

Jones Day

New Federal Law Prohibits Mandatory Arbitration of Sexual Assault and Harassment Claims

Jones Day on

On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more

Manatt, Phelps & Phillips, LLP

Sexual Harassment, Assault Claims No Longer Subject to Arbitration Under FAA

President Joseph Biden has signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, allowing individuals asserting a claim of sexual harassment or assault to file suit in court despite the...more

Rumberger | Kirk

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Rumberger | Kirk on

...As anticipated, President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (hereinafter “new law”). The new law amends the Federal Arbitration Act (FAA) to give...more

Holland & Knight LLP

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Signed into Law

Holland & Knight LLP on

President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act) on March 3, 2022. The Act amends the Federal Arbitration Act and gives individuals asserting...more

Gibney Anthony & Flaherty, LLP

New Federal Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment Claims: What Employers Should Know 

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). Significantly, the Act amends the Federal Arbitration Act (FAA) which allowed...more

Pullman & Comley - Labor, Employment and...

President Signs #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”) into law. As one might expect based on the name, the Act prohibits employers from requiring...more

Smith Debnam Narron Drake Saintsing & Myers,...

Say Good-bye to Mandatory Arbitration of Workplace Sexual Harassment Claims

On March 3, 2022, just days before the recognition of International Women’s Day on March 8, President Biden signed into law landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and...more

Perkins Coie

New Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment Disputes

Perkins Coie on

President Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), into law on March 3, 2022. Effective immediately, the Act amends the Federal Arbitration Act (FAA) to...more

CDF Labor Law LLP

President Biden Signs HR 4445 Limiting Scope of Employment Arbitration Agreements

CDF Labor Law LLP on

To update our February 16, 2022 Blog, on March 3, 2022, President Biden signed the law amending the Federal Arbitration Act to prohibit mandatory arbitration of employee claims of sexual harassment or sexual assault....more

King & Spalding

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 Brings Significant Change to Employers with...

King & Spalding on

Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) and on March 3, 2022 President Biden signed it into law (the “Act”). The Act amends the Federal Arbitration Act...more

Clark Hill PLC

President Signs “Me Too” Bill Into Law Prohibiting Mandatory Arbitration of Workplace Sexual Harassment and Sexual Assault Claims

Clark Hill PLC on

On March 3, 2022, President Biden signed a bill into law that prohibits the enforcement of contract provisions mandating third-party arbitration of workplace sexual harassment or assault claims and allows victims to have...more

Burr & Forman

Clauses Requiring Arbitration of Sexual Assault and Sexual Harassment Claims Are Now Voidable

Burr & Forman on

What is Mandatory Arbitration? - Mandatory arbitration clauses and agreements require individuals to pursue potential legal claims through arbitration instead of through the court system. ...more

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