Your employee signed an agreement to arbitrate all employment disputes. But a single sexual harassment claim can bring an entire lawsuit, and every other claim with it, into court anyway. Continue reading
An arbitration agreement usually decides where an employment dispute will be heard. In this case, evidence uncovered during arbitration opened the door to court instead.
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. Continue reading
“Heads I win, tails you lose.”
That’s how the Sixth Circuit described one hospital’s strategy after it tried to switch to arbitration only after losing some key early motions in court. The judges didn’t flip for it. Continue reading
In 2022, Congress passed a law that makes it harder for employers to require arbitration in certain workplace cases. Some employees are now trying to use that law to keep sex discrimination lawsuits in court. A recent case in Connecticut shows the limits of that strategy: not every sex discrimination claim counts as sexual harassment, and only sexual harassment (or sexual assault) cases are exempt from arbitration. Continue reading
A recent decision from the Third Circuit shows how courts are looking closely—not just at what arbitration agreements say, but also at how they’re rolled out. And even if a dispute doesn’t qualify for the new federal carveout for sexual harassment claims, employers still need to be ready to prove their agreements are enforceable. Continue reading
Nothing ventured, nothing gained. Continue reading
This week, U.S. Senator Patty Murray (D-WA) and U.S. Representatives Robert C. “Bobby” Scott (D-VA-03) and Jerrold Nadler (D-NY-12) reintroduced the Restoring Justice for Workers Act, which Ms. Murray describes as legislation to end forced arbitration clauses and protect workers’ ability to pursue work-related claims in court. Continue reading
Yesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act, which would invalidate forced arbitration clauses requiring employees to arbitrate age discrimination claims, whether for disparate treatment, disparate impact, harassment, or retaliation.
15 Senators voted in favor and 6 against.
Continue reading
A recent federal appellate court decision is an important reminder to confirm early—not later—whether the employee suing your business signed an arbitration agreement. Continue reading
The Employer Handbook Blog