Tag:End of Forced Arbitration
Are Forum Selection Clauses the New Mandatory Arbitration Agreements?
In recent years, employment contracts have become increasingly laden with procedural clauses that dramatically shape where and how disputes are resolved. While mandatory arbitration agreements that require private dispute resolution remain common, employers are increasingly turning to forum selection and choice of law clauses as an alternative or supplement. The questions are whether these clauses are functionally becoming the new mandatory arbitration agreements, and whether they hide compliance traps that both employers and employees should be paying attention to.
The End of Forced Arbitration for Sexual Assault and Harassment
Five years after the introduction of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act(EFASASH) by Senator Kristi Gillibrand and Senator Linsey Graham, President Biden signed it into law on March 3, 2022. Without this law, employers could prohibit their workers who have experienced sexual assault or harassment from seeking recourse in court. With EFASASH, sexual predators and their employers will no longer be able to evade public accountability. In a world where eighty-one percent of women have reported experiencing some form of sexual harassment and or assault in their lifetime, forced arbitration of sexual assault and harassment claims have only worked as a silencing mechanism.