On February 10, 2022, the United States Senate passed H.R.4445, which, if signed into law, would amend the Federal Arbitration Act with respect to the arbitration of disputes involving sexual assault and sexual harassment. The bill is expected to be signed by President Biden.
The law would dramatically change the landscape for employer arbitration agreements and class or joint-action waivers in relation to sexual harassment-related disputes. It would ultimately make mandatory arbitration agreements unenforceable with regard to sexual assault and harassment disputes. Here are some key takeaways:
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