Federal #MeToo bill signals end of forced arbitration of harassment, assault claims

On March 3, 2022, President Joe Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” commonly referred to as the “MeToo” law. The act, which amends the Federal Arbitration Act (FAA) and becomes effective immediately, prevents employers from using employment agreements that require mandatory arbitration of workplace sexual assault and harassment claims—enabling victims to pursue relief through the courts if they so desire.

What does bill say?

The main provision of the bill is short and to the point stating:

At the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.

What does bill do?

First, you may no longer require the arbitration of sexual harassment or sexual assault claims filed under federal or state law.

Second, employees are prohibited from waiving their right to file sexual assault or sexual harassment claims via a class action.