The new law frees plaintiffs from having to pursue claims in arbitration, a forum which gives them minimal discovery rights, said Nancy Erika Smith. She said forced arbitration of sexual harassment suits is "a totally rigged system. I can't stop thinking if people could see what's being hidden in arbitration, they would be shocked."
March 09, 2022 at 03:52 PM
5 minute read
The original version of this story was published on New Jersey Law Journal
Courts can expect a greater volume of sexual harassment suits to be litigated now that President Joe Biden has signed a bill ending forced arbitration of workplace sexual assault and sexual harassment suits, employment lawyers said.
Under the new law, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, no longer can employers mandate that such cases be sent to arbitration, even if there’s a signed arbitration agreement.
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