By Weisberg Cummings, P.C. on March 1st, 2022
If you’ve experienced sexual assault or harassment at work, you know first-hand how upsetting it can be. The effects of this occurrence can be physical, such as eating disorders or nightmares, or emotional, causing depression that affects your ability to enjoy life.
Employment contracts often limit employees’ legal options in sexual assault or harassment cases. However, there has been a recent passage of reforms surrounding forced arbitration that offer employees more legal power.
What Is Forced Arbitration?
Forced arbitration is a legal process compelling parties in a dispute to settle the issues through arbitration rather than litigation. In arbitration, a qualified third party gathers evidence and hears testimonies before making a binding legal decision for one party. There is no chance to appeal, meaning the forced arbitration agreement is permanent and final.
Many employment contracts across the nation have relied on forced arbitration clauses to settle disputes between employers and employees. The process stayed out of the public eye and limited an employee’s right to seek other legal justification. As a result, many consider forced arbitration as too favorable to businesses and corporations.
What Does the New Law Change?
Once the president signs the sexual assault act into law, employment contracts may no longer force arbitration for workplace-related sexual harassment or assault claims. As a result, individuals who experience such treatment on the job can choose to sue their employers instead of settling for arbitration of sexual assault claims.
Employees will still have the arbitration option available to settle disputes, but it will be their choice instead of a requirement. For those who have completed arbitration already, their cases will remain closed.
Benefits of the Changes
Members of Congress who supported the sexual harassment act see it as especially beneficial to employed women. This conclusion is mainly due to women being more likely to experience sexual assault or harassment, with one study reporting it’s happened to over a quarter of working women. Legislators voting for the bill also claim women are more likely to work in lower-wage jobs where these clauses are common.
Let Us Help
If you’ve experienced sexual assault or harassment in the workplace, you need compassionate and skilled legal representation. Our team of attorneys has over three decades of combined experience in protecting employees’ workplace rights, including negotiating settlements and presenting cases to the court. We’ll advocate for the remedy and outcome you deserve.
Call Weisberg Cummings, P.C. at 855-716-2367 or contact us online to schedule a free consultation today.
