The precise scope of a new law ending forced arbitration and joint-action waivers for victims of workplace sexual misconduct has yet to be determined, but the law presents many interesting questions surrounding federal policy as well as statutory and contract interpretation.
There are several compelling factors supporting a broad reading of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 that may keep more cases and claims in court and out of arbitration than might otherwise be expected, given courts’ historically strong pro-arbitration stance.
A deeper dive into language chosen for the new law, which amends ...