President Biden is expected to sign legislation that explicitly amends the Federal Arbitration Act to make pre-dispute arbitration agreements and class (or joint) action waivers unenforceable for claims involving sexual assault or sexual harassment.

One thing is certain: the act is likely to have far-reaching consequences in the context of employment discrimination law and beyond.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 445) bans pre-dispute arbitration agreements or joint-action waivers for individuals alleging workplace sexual harassment or sexual assault. It applies to claims involving sexual harassment and sexual assault and does not apply to other claims of sexual discrimination in the workplace, such as claims for unequal pay.

It also does not apply to claims for discrimination based on age, race, or sexual orientation, unless they also involve allegations of sexual harassment or assault. The White House, however, has recently advocated for broader legislation that would prohibit mandatory arbitration in other employment contexts.

The act applies to sexual assault and harassment claims that arise...

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