Empowering Employees Through the End of Forced Arbitration

In today’s workplace, understanding your rights is crucial. One significant milestone in employee rights advocacy is the recent Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“Ending Forced Arbitration Act”). This legislation is more than just a legal change—it represents a shift towards greater workplace equality and justice.

Seppinni Law has been representing victims of sexual harassment and assault in the workplace for years. This law will help our clients and future victims receive the damages they deserve, and we’ll explain why. This law provides several benefits to employees in New York and impacts various aspects of workplace dynamics.

What is Forced Arbitration?

Forced arbitration is a clause often buried in employment contracts requiring employees to resolve disputes through private arbitration rather than the public court system. This process is typically binding, meaning that the decision made by an arbitrator is final and cannot be appealed.

For many employees, forced arbitration has been a constraint on their rights. It limits their ability to address their grievances, restricting their access to justice publicly. This is because forced arbitration clauses often come with nondisclosure agreements, keeping cases and outcomes confidential, which can prevent employees from feeling supported or validated by public acknowledgment of their issues.

It’s also important to note that the arbitrator is rarely chosen by the employee and employer, only the employer. This puts the employee at a vast disadvantage when the arbitrator’s final decision cannot be overruled and takes the place of a judge and jury.

What Does the Ending Forced Arbitration Act Do?

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This historic amendment to the Federal Arbitration Act (FAA) voids pre-dispute arbitration clauses in cases involving sexual misconduct claims. The Act received bipartisan support and is hailed as a significant victory for employees across the country.

By allowing victims to take their cases to court, the Act ensures transparency and accountability for employers who do appropriately protect their employees. It, more importantly, empowers employees who have experienced sexual harassment or assault.

This amendment has already influenced corporate policies, encouraging more open and equitable treatment of employees.

Benefits of Ending Forced Arbitration

Enhancing Workplace Equality

The end of forced arbitration marks a significant step towards workplace equality. By allowing employees to bring their cases to court, it ensures that everyone has an equal opportunity to seek justice.

This transparency promotes a culture in and out of the workplace where discrimination and harassment cannot thrive. Perpetrators need to know they can be held accountable in a public forum.

Protecting Employee Rights

Forced arbitration often skews in favor of employers, especially when they have the power to decide the arbitrator. By overturning these clauses, the Ending Forced Arbitration Act restores employees’ rights to a fair and public hearing.

This shift is crucial for ensuring that employees feel protected and valued within their organizations and getting them damaged when they are not.

Arbitration vs. Litigation

In litigation, both parties present their case in a public court, ensuring transparency and accountability.

In contrast, arbitration is a private process, with many cases proving that there is a bias towards employers. By giving employees the option to choose litigation, the Act provides a more balanced and just approach to resolving disputes.

What Constitutes Workplace Sexual Harassment?

Workplace sexual harassment includes any unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. Examples include:

• Unwanted advances
• Sexual comments
• Sexual gestures
• The display of sexually explicit material

For behavior to be considered harassment, it must be severe or pervasive enough to affect the work environment.

Employees who experience workplace sexual harassment or assault have the right to seek legal representation. They can pursue claims in court, ensuring that their cases are heard publicly and that they receive the justice and compensation they deserve. Legal support is crucial in navigating these claims and holding perpetrators accountable.

Contact Seppinni Law For Help If You Have Been Sexually Harassed or Assaulted in the Workplace

The Ending Forced Arbitration Act represents a monumental shift in workplace rights. By eliminating forced arbitration for sexual harassment and assault cases, it promotes equality, transparency, and justice. Employees in New York and across the nation can now advocate for their rights more effectively.

Understanding your rights is the first step towards protecting them. If you’ve experienced workplace harassment or want to learn more about your legal options, contact the attorneys at Seppinni Law for help.