As of March 3rd, the federal government has officially passed a law banning companies from requiring mandatory arbitration for sexual assault or harassment claims. The bill, called the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, passed with bipartisan support.
This new bill is an important step forward for workers’ rights. Mandatory arbitration has long been used to prevent workers from having their day in court and keep companies from facing bad press. By barring companies from requiring mandatory arbitration for sexual harassment and assault, the federal government has helped level the playing field for workers around the country. Here’s what this Act will accomplish and how it may affect you.
The New Federal Law Banning Mandatory Sexual Assault Arbitration in the Workplace
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, also known as H.R. 4445, is an addition to the current Federal Arbitration Act (FAA). Previously, the FAA focused heavily on how arbitration was defined and how arbitration agreements should be enforced. H.R. 4445 expands the Act to include a specific ban on when arbitrators can be used.
Specifically, H.R. 4445 “invalidates arbitration agreements that preclude a party from filing a lawsuit in court involving sexual assault or sexual harassment, at the election of the party alleging such conduct.” This law does not prevent companies from including language in a mandatory arbitration agreement that would force victims alleging harassment to submit to an arbitrator’s decision. However, the law explicitly allows victims to ignore these agreements and file a lawsuit anyway.
The wording means that all workers can file harassment or assault lawsuits against their employers. The law specifically invalidates any mandatory arbitration agreement covering these complaints, including those currently in place. However, it only applies to disputes that come up after the bill was signed into law. Any disputes that began before March 3rd aren’t protected.
What H.R. 4445 Means for Workers
But what does H.R. 4445 actually mean for you? That depends on your situation. Here are the three main ways this new law might affect you.
- Your employer can’t enforce agreements if you file an assault accusation now or in the future. The moment H.R. 4445 was signed by the president, it went into effect. Anyone who chooses to file a sexual harassment or assault claim going forward has the right to ignore arbitration clauses in their employment agreements. However, any dispute that began before March 3rd must be resolved according to the arbitrator clauses already in place.
- H.R. 4445 doesn’t prevent you from following an arbitration agreement if you want to. The law allows you to file a lawsuit regarding assault or harassment if you want, but it’s not mandatory. You can choose to follow the arbitration agreement or go to court. The law does not apply to any arbitrator agreements you enter regarding a dispute after filing your complaint. That means that if you enter a new contract after beginning a dispute, you won’t have the option to ignore the arbitration clause again.
- Courts will determine whether H.R. 4445 applies to a situation, not an arbitrator. Your employer may try to argue that H.R. 4445 doesn’t apply to your case to enforce their arbitration agreement. Only a court can settle whether the matter should be handled by an arbitrator if that occurs. This ensures that companies can’t bully people in unclear situations into working with an arbitrator.
What to Do If You Need to File a Sexual Assault Claim
Now that you can’t be forced into mandatory arbitration, a new world of possibilities has opened up to you. Here’s how to file a sexual assault claim against your employer and make sure the matter is settled in court.
Talk to an Expert
Every assault or harassment case is different. The best course of action to hold your abuser accountable depends on the size of your employer and the type of harm you’ve suffered. That’s why it’s so important to work with a qualified workplace harassment lawyer.
A good lawyer will listen to your story and help you choose what to do next. More importantly, they’ll help you make a claim that stands up in court.
Gather Evidence
No matter what kind of abuse you’ve faced, your lawyer will most likely instruct you to collect evidence of the event. Evidence can include:
- Communications you’ve sent about the assault, such as reports you’ve made to H.R. or complaints to your manager
- Threats or suggestive comments you’ve received from the perpetrator
- Eyewitnesses to your assault
- Security footage or pictures of the event or any injuries it caused you
Collect this evidence before you make any additional complaints or claims. This ensures that your assaulter doesn’t have time to potentially destroy any evidence, such as by deleting texts, emails, or security footage.
File Your Claim
Now it’s time to take action. Depending on what kind of damages you want to receive, your lawyer may recommend that you file a complaint with H.R., file a lawsuit against your abuser, or sue your employer directly.
Each of these claims requires a unique approach. Your lawyer will work with you to make sure you file everything correctly and on time. Once you’ve filed your complaints, you’ve kickstarted the legal process, and your lawyer will work to make your claims as successful as possible.
Hold Your Company Accountable for Your Assault
The federal government has ensured that you’re no longer restricted from taking your employer to court if you face sexual assault or harassment. The new law guarantees you can see your day in court instead of facing a potentially biased arbitrator behind closed doors. There’s never been a better time to hold a company accountable for the harm you faced when working there.
If you’re ready to take action, schedule your consultation with the expert lawyers at The Law Offices of Todd M. Friedman. They can help you learn more about your options and choose the best path forward. By taking advantage of this new law, you can do your part to show big businesses that sexual harassment is unacceptable has serious consequences.
