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Eighth Circuit Decides When a ‘Dispute’ Arises Under the Ending Forced Arbitration Act

When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more

Disputing What ‘Dispute’ Means: Courts Debate When Ending Forced Arbitration Act Applies

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however,...more

Biden Signs Speak Out Act, Barring Predispute NDAs, Nondisparagement Clauses for Sexual Assault, Harassment Claims

“I just signed the Speak Out Act, a bill that’ll enable survivors to speak out about workplace assault and harassment and increase access to justice,” President Joe Biden wrote on Twitter on December 7, 2022....more

President Biden Signs Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims

On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims....more

Congress Passes Federal Law Restricting Arbitration Agreements for Sexual Assault, Harassment Claims

A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk....more

House Passes Bill Limiting Predispute Arbitration Agreements Covering Sexual Assault and Sexual Harassment

Passed by the U.S. House of Representatives on February 7, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) would amend the Federal Arbitration Act (FAA) to make predispute...more

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo...more

Illinois Bill Introduced To Require Sexual Harassment Training For All Restaurant Employees

Illinois has joined the growing number of states proposing mandatory sexual harassment training with a bill that requires training for restaurant employees. If the Restaurant Anti-Harassment Act is enacted, restaurants must...more

New Delaware Anti-Sexual Harassment Law Includes Notice Distribution, Training Requirements

A new Delaware law specifically addresses the prohibition against sexual harassment under the Delaware Discrimination in Employment Act (DDEA), sets an affirmative defense for employers, imposes mandatory notice distribution...more

New York State Issues Draft Guidance On Required Sexual Harassment Prevention Policies And Training

The State of New York has issued draft guidance for employers on the mandatory sexual harassment prevention policies and annual employee training required by legislation passed earlier this year. Starting October 9, 2018, the...more

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