Employers Can’t Mandate Arbitration of Sexual Assault and Harassment Claims

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Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA). In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp. v. Lewis. The Court ruled that the FAA requires enforcement of arbitration agreements that fall within its scope, including agreements in which employees prospectively waive their rights to file a suit against their employers.

Shortly thereafter, arbitration agreements came under significant attack (largely due to the #MeToo movement). Congress responded to such attacks by passing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment

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