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Bill Barring Mandatory Arbitration For Sexual Harassment & Abuse Claims Heads to President Biden’s Desk


Late last week, the U.S. Senate approved legislation that would bar mandatory arbitration provisions for sexual harassment & abuse claims.

A few years after the #MeToo movement took off following widespread claims of sexual harassment in the workplace, Congress has sent this legislation to President Joe Biden’s desk for signature.  Notably, this legislation received bipartisan support and appears as close to a “lock” of becoming law as anything I have seen lately.  In fact, President Biden has previously voiced his support for such legislation and is expected to sign it into law.

Under the legislation that cleared the Senate, mandatory arbitration of sexual harassment & abuse claims will no longer be allowed.  While the parties can still agree to arbitrate the claims, this legislation will allow these claims to proceed ahead in court and be heard by a jury.  Notably, the legislation is also retroactive, so for those employers that are seeking to enforce a prior signed mandatory arbitration provision, those intentions will soon be dashed once President Biden signs this bill into law.


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