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The Impact on Employers of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act”

On March 30, 2022 by Schnader in Labor and Employment

Lisa M. Brauner published a client alert, “The Impact on Employers of the ‘Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.’”

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445; referred to here as “EFAA”). The EFAA, which Congress passed with strong bipartisan support, amends the Federal Arbitration Act to prohibit employers from using pre-dispute mandatory arbitration agreements to resolve sexual assault and sexual harassment claims. The law does not impact the enforceability of arbitration agreements with respect to legal claims other than sexual assault and sexual harassment, although Congress has proposed another now-pending bill which would expand the categories of employee legal protections, as discussed more fully below.

Click here to read the full alert.

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