News & Analysis as of

Arbitration Agreements Arbitration Sex Discrimination

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

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Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Epstein Becker & Green

The Third Circuit Orders Another Review in Cornelius v. CVS Pharmacy, Inc.—Resolution Will Wait for Another Day in New Jersey...

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Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop.  In late 2024, the Third Circuit seemed poised to bring further clarity as to which...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Morgan, Brown & Joy, LLP

Congress Moves To Compel The Litigation Of Workplace Sexual Harassment Claims

On February 7, 2022, the House of Representatives passed a significant bill that prevents the enforcement of arbitration provisions against an employee alleging sexual harassment. While not yet law, the bill is expected to...more

Hogan Lovells

Did California Ring the Death Knell or the Fight Bell in Trying to Ban Arbitration Agreements with AB 51?

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California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California.  Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more

FordHarrison

What Can Employers Expect in 2019?

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Despite the current U.S. government shutdown, many aspects of the federal government continue to operate, including the federal court system. This Alert highlights some of the legal, legislative and administrative...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2018

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Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: - Are you my employer? A...more

Fisher Phillips

Airbnb Joins Uber And Lyft, Ending Mandatory Arbitration For Sexual Harassment And Discrimination Claims

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Airbnb Inc. recently announced it would no longer force its employees who filed sexual harassment lawsuits to settle their claims in private arbitration. The notice came only days after Google and Facebook made similar...more

Sheppard Mullin Richter & Hampton LLP

#MeToo Changes the Face of Sexual Harassment Litigation for Employers

With the rise of the #MeToo movement, companies have been forced to re-examine how they litigate and settle allegations of sexual harassment in the workplace. Specifically, companies are facing increasing criticism if they...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sheppard Mullin Richter & Hampton LLP

New York City Council Enacts Package of Bills to Combat Sexual Harassment

On Wednesday April 11, 2018, the New York City Council enacted a package of eleven bills, collectively titled the Stop Sexual Harassment in NYC Act (the “Act”). The Act awaits final signature from the Mayor. Introduced to the...more

Maynard Nexsen

Legislators respond to recent sexual harassment scandals by introducing bills to ban arbitration in sex bias cases

Maynard Nexsen on

Many employers rely on pre-dispute arbitration agreements, usually entered at the beginning of employment, to resolve disputes that may arise during employment in binding and private arbitration rather than in public...more

Littler

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

Littler on

In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

Fisher Phillips

Could Congress Ban Arbitration Of Sex Discrimination And Harassment Claims?

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A bipartisan group of federal legislators has turned their attention to the sweeping revelations of sexual harassment in the American workplace by introducing a bill that would prevent employers from forcing claims of sex...more

Faegre Drinker Biddle & Reath LLP

Proposed Bill Targets Arbitration of Sex Discrimination and Harassment Claims, Threatens Arbitration of Any Employment Disputes

A bipartisan bill introduced in Congress this week seeks to make it illegal for employers to enforce mandatory, pre-dispute arbitration agreements with employees alleging workplace sexual harassment or other sex-based...more

BakerHostetler

New Bill Would Outlaw Mandatory Arbitration Agreements For Sex Discrimination Disputes – Is A Poorly Constructed Bill The Right...

BakerHostetler on

Prior bills have attempted, unsuccessfully, to eliminate individual arbitration as a means to resolve employment disputes. Senator Al Franken introduced several bills, starting in 2009, to forbid pre-dispute mandatory...more

Constangy, Brooks, Smith & Prophete, LLP

Bill Would Ban Arbitration In Sex Bias Cases -- Is That A Good Idea?

On Wednesday, Sens. Kirsten Gillebrand (D-NY) and Lindsey Graham (R-SC) introduced the Ending Forced Arbitration of Sexual Harassment Act. The legislation has bipartisan support, although it's not clear yet how much. ...more

Franczek P.C.

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

Franczek P.C. on

Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

Proskauer - California Employment Law

California Court Upholds Arbitration Agreement

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

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