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HR Talk!

Mediate? Arbitrate? Litigate? Too much "ate-ing" going on here.

POTUS recently signed the bill "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" which amended the Federal Arbitration Act on March 3, 2022. Well, this made most employers take a peek at their current arbitration agreements and do a little bit of tweaking. The publication is about four pages long, but here is a short snippet of what it all means. It bans mandatory arbitration in sexual assault and sexual harassment cases and allows individuals alleging such conduct to bring their dispute in a federal, tribal or state court. The law also bans mandatory arbitration of claims of retaliation that result from internal complaints of sexual assault or harassment. Individuals alleging sexual assault, sexual harassment, or retaliation that stems from such complaints still have the option of participating in arbitration on a voluntary basis. The new law does not apply to sex discrimination claims that are unrelated to sexual assault or harassment and only applicable to claims after March 3, 2022. If you want to read the legislation from, click the link below.


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