One Year In – Where Is the Surge of Sexual Harassment Lawsuits?
In March of 2022, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, limiting the ability of private parties to mandate arbitration of such claims under the Federal Arbitration Act.
The law was seen as a high point in the legislative successes of the #MeToo movement and was expected to usher in more public complaints of sexual harassment and assault. Although official federal figures have not yet been issued, anecdotal reports and experience indicate that no dramatic increase in court filings has occurred. That said, the law remains in force and practitioners should consider it when seeking to impose or enforce mandatory arbitration provisions that can still apply to other aspects of employment.