However, the law isn't likely to prevent sexual harassment in the workplace, lawyer says
When it comes to sexual harassment in the workplace, there’s a movement that has responsible employers refusing to hide behind the confidentiality and privacy limitations set up by the way of arbitration.
“Employers are being more transparent,” says Dana Kravetz, managing partner at national law firm Michelman & Robinson, LLP, which is headquartered in Los Angeles. “If there are sexual harassment claims, they say they’re prepared to be under the microscope and accept the scrutiny of public opinion.”
To be fair, the federal government forced their hand.
Last week marked one year since President Joe Biden signed H.R. 4445 – the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 – into law.
Commonly referred to as the #MeToo bill, the legislation not only prohibits employers from requiring mandatory arbitration of claims involving allegations of sexual harassment or sexual assault going forward, but also nullifies any existing policies or agreements that require those claims to be arbitrated. The law was fueled by a groundswell of support in the wake of the #MeToo movement, in which high-profile leaders, particularly in the entertainment industry, were accused of sexual abuse and harassment and subsequently removed from their positions.
“The law has made employers shine a light on their own polices to encourage a better work environment, while also giving...
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