Approaching five years since the #MeToo movement, government bodies are still seeking legislative solutions to prevent workplace sexual harassment.
Federal Law Targets Arbitration Clauses
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect March 3, 2022, invalidates any pre-dispute agreement to arbitrate claims of sexual harassment or sexual assault. The law also invalidates pre-dispute agreements that waive the ability to assert claims of sexual harassment or sexual assault on a class-wide basis. At the time of asserting a claim, an individual may elect to proceed through arbitration, but can no longer be required to do so.
The new federal law is intended to address one factor that has been cited as enabling the continued employment of individuals who repeat harassing behaviors, as discussed in our recent blog article.
Cuomo Investigation Prompts New NY Laws on Sexual Harassment
The escalating volume of sexual harassment complaints raised last year against Governor Cuomo has brought a new wave of employment protections signed into law March 16. One closes a legal loophole by extending discrimination protections to the public sector. The other two impact private employers, with a law declaring release of a personnel file to be retaliation, and a new state hotline for reporting sexual harassment complaints.
The sexual harassment complaint hotline is to be available by July 14, 2022 and the New York State Division of Human...
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