A federal law enacted in March 2022 makes substantial changes to forced arbitration provisions in sexual assault and harassment cases. This legislation that could help many employee victims who previously didn’t have a chance to bring their claim to court. At Deutsch Atkins & Kleinfeldt, P.C., we are experienced employment law attorneys serving New Jersey. If you’ve faced sexual assault or harassment on the job, our firm will explain how the new law might affect your case. If legal relief is available, we will press for the remedy you deserve.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 prohibits employers from enforcing any type of class-action waiver or predispute arbitration clauses when a worker brings a sexual assault or sexual harassment claim. This amends the provisions of the Federal Arbitration Act for employment law cases arising from these types of allegations.
The law specifically applies to two types of legal agreements, which are:
The law does not directly end all arbitration in these matters. Instead, it gives the employee or employees the option to invalidate the prior agreement. It also bars employers from enforcing these agreements against the worker’s will. An employee may still choose arbitration or other alternative dispute resolution methods if they prefer.
Previously, federal law pre-empted the New Jersey Law Against Discrimination (LAD) and its prohibitions against mandatory arbitration clauses. Now, both federal law and the LAD invalidate mandatory arbitration agreements in claims involving sexual assault and sexual harassment allegations.
Other elements of the legislation that affect New Jersey sexual assault and sexual harassment cases include:
Our attorneys understand the latest developments in federal and state employment law and use that to help mistreated workers get justice. We will analyze the facts in your case to determine what rights you have to compensation in a sexual harassment or sexual assault case.
Deutsch Atkins & Kleinfeldt, P.C. in Hackensack represents employees in sexual discrimination and sexual assault cases throughout New Jersey and New York. If you have a sexual assault or sexual discrimination issue, contact us online or call us at 551-245-8894for a consultation regarding your case.