"Ending Forced Arbitration Act” or EFAA - Law Allows Employees to Make Informed Choice on Venue to Seek Justice After Sexual Assault or Harassment
President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, or H.R. 4445 into law on March 3, 2022 at a White House ceremony. The law amends the Federal Arbitration Act and allows employees subject to pre-dispute mandatory arbitration agreements to pursue their claims in court related to sexual assault or sexual harassment.
As the #MeToo movement brought to light, in the worst cases, arbitration and nondisclosure agreements can shield serial harassers from accountability and allow them to habitually abuse employees. Court decisions and orders make the identity of violators of the law and their conduct public, which can serve to influence behavior and deter sexual harassment and assault from occurring in the first place.
Some of America’s most prominent employers have already voluntarily discontinued mandatory arbitration for sexual harassment claims, and several states have passed laws directed at restricting mandatory arbitration of harassment claims.
The EEOC provides outreach and education to workers and employers regarding preventing harassment at work, and has investigated, resolved, litigated and adjudicated tens of thousands of claims of workplace harassment. While private parties are bound by arbitration agreements, the EEOC is not. Private parties can continue to file charges of the discrimination for the EEOC to investigate and possibly litigate.
In Fiscal Year 2020, 6,587 sexual harassment private sector charges were filed with the EEOC. According to the report of the Co-Chairs of the Select Task Force on the Study of Harassment in the Workplace, most people who experience harassment in employment do not report it, and 50-70% of women have faced some form of unwanted or unwelcome sexual harassment in the workplace.
Some of America’s most prominent employers have already voluntarily discontinued mandatory arbitration for sexual harassment claims, and several states have passed laws directed at restricting mandatory arbitration of harassment claims.
The EEOC provides outreach and education to workers and employers regarding preventing harassment at work, and has investigated, resolved, litigated and adjudicated tens of thousands of claims of workplace harassment. While private parties are bound by arbitration agreements, the EEOC is not. Private parties can continue to file charges of the discrimination for the EEOC to investigate and possibly litigate.
In Fiscal Year 2020, 6,587 sexual harassment private sector charges were filed with the EEOC. According to the report of the Co-Chairs of the Select Task Force on the Study of Harassment in the Workplace, most people who experience harassment in employment do not report it, and 50-70% of women have faced some form of unwanted or unwelcome sexual harassment in the workplace.
The Act passed the U.S. House of Representatives by 335-97 on February 7, 2022 and the U.S. Senate by voice vote on February 10, 2022.
EEOC - Sexual Harassment
https://www.eeoc.gov/sexual-harassment
EEOC - General
http://www.eeoc.gov/
EEOC - Sexual Harassment
https://www.eeoc.gov/sexual-harassment
EEOC - General
http://www.eeoc.gov/
%202023%20Block%20Party%20at%20Universal%20Studios%20Backlot%20on%20May%2020,%202023%20in%20Universal%20City,%20Los%20Angeles,%20California,%20United%20States.%20%E2%80%94%20Photo%20by%20imagepressagency.jpg)
Comments
Post a Comment