Victims of sexual harassment now have a new tool in their arsenal. These cases are now exempted from the forced arbitration clauses.
This is a significant new development that will help victims to resolve their cases quickly and, hopefully, deter sexual harassment at work.
Survivors of harassment were shocked and angry to discover that they could not sue their abusers in Court due to mandatory arbitration policies. These clauses are in employees’ employment contracts which force them to file sexual harassment or assault lawsuits into the privacy of arbitration proceedings.
For victims of sexual assault and harassment at work, the March 2022 Ending Forced Arbitration Sexual Assault and Sexual Harassment Act is an important victory.
What does Sexual Harassment entail according to the Law?
- Sexual harassment is a form discrimination against women in the workplace that is illegal under federal, state and local laws.
- The United States Equal Employment Opportunity Commission, (EEOC), broadly defines workplace harassment.
- Every person is protected by the law against unwelcome sexual conduct at work.
- This includes harassment based on sex (as self identified or perceived), gender expression or gender identification.
- Sexual harassment was traditionally viewed as a problem that mainly affects women.
However, any person — regardless of gender, sexual orientation, or expression — can be subject to or commit unlawful sexual harassment. EEOC data indicates that about one fifth of all sexual harassment complaints are filed by men.
Harassment at work is not limited to your employer, direct supervisor, or coworker. A client, a colleague, or employee in another office can all be perpetrators.
- To be considered sexual harassment, an offense does not need to be sexually explicit.
- A coworker who makes sexist comments about another person because they are a woman, a man, or someone expressing their gender identity, is also in violation of the law.
What does the Ending Forced Arbitration for Sexual Assault and Sexual Harassment Act Mean to Those Filing Complaints
The Act, which was signed by President Biden March 3, 2022, allows individuals who have filed complaints about sexual assault or harassment to no longer be bound by mandatory arbitration provisions that they may have agreed to as a condition for employment.
Individuals who sign a mandatory arbitration clause are required to settle all claims of wrongdoing by arbitration. This private dispute resolution process is faster and more affordable than litigation in court.
There are some important points and limitations that you should be aware of:
- The Act does NOT apply to sexual harassment and assault cases prior tothe law’s date of enactment (March 3, 2022).
- Arbitration agreements remain enforceable if they are entered into after a dispute or claim for sexual harassment/assault have been raised
- Only cases of sexual assault or harassment are exempted from the Act’s prohibition on predispute arbitration agreements being enforced. An individual may have other claims against their employer (e.g., wrongful termination or racial discrimination). These may include wrongful termination or racial discrimination.
As more cases are tried in the coming months, more specific limitations and applications to the Act could be revealed.
To determine the best way for you to apply the law to your particular situation, consult an employment lawyer.
What should I do if I am being or have been sexually harassed at work?
- Know your rights. Your employer has an affirmative obligation to create a safe work environment for all employees. They must also immediately take corrective action if there is any sexual harassment.
- Keep a detailed record of your experience to support your case. Include as much detail about the misconduct and any attempts to notify your employer. Also, include how the behavior affected your professional performance.
- However, be careful about sharing information about your case on social networking. Your employer or a defendant can use any information to discredit you.
- Learn how to report a complaint in your state or city. Title VII of Civil Rights Act of 1964 makes sexual harassment illegal. However, this applies only to employers with at least 15 employees.
Summarized from an article by Ottinger Employment Lawyers.
