News & Analysis as of

Arbitration Sexual Harassment Employment Discrimination

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

Venable LLP on

A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...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

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

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In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...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...

Epstein Becker & Green on

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

Proskauer - California Employment Law

March 2025 California Employment Law Notes

We invite you to review our newly-posted, March 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Oppenheimer Investigations Group

The Good, the Bad, and the Mediocre: Conducting Investigations that Pass Muster in Related Litigation and Arbitration

Presumably, the decision must have seemed reasonable to the employer at the time. It was 2010, and Romeo Mendoza, a nurse and mid-level supervisor at Western Medical Center Santa Ana (known as Orange County Global Medical...more

Seward & Kissel LLP

Employment Litigation Roundup: July 2024

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Arbitration agreement deemed inapplicable where plaintiff plausibly alleged sexual harassment claim - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ( “EFAA”) amended the Federal...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, 2022

The Impact of "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" on Employer's Arbitration Provisions - On March 3, 2022, President Biden signed into law H.R. 4445, “Ending Forced Arbitration...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

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Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

JAMS

[PODCAST] Resolving Employment Disputes through Mediation

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From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique...more

Mintz - Employment Viewpoints

New York State Judge Allows Sexual Harassment Claim to Proceed in Court, Invalidating Arbitration Agreement

A New York State Trial Court judge recently ruled that an agreement between a company and an employee to arbitrate sexual harassment claims was unenforceable due to 2018 amendments to New York State’s Human Rights Law, which...more

Akin Gump Strauss Hauer & Feld LLP

The New York Supreme Court Enforces New York’s State Law Prohibiting Mandatory Arbitration of Employment Discrimination Claims and...

- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more

Sheppard Mullin Richter & Hampton LLP

The Time Is Now for Employers in Illinois to Abide by New Laws

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Vedder Price

2020 California Employment Law Roundup

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As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: New California Employment Laws Going Into Effect January 1, 2020

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2019

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Seyfarth Shaw LLP

Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers

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Seyfarth Synopsis: Governor Newsom has approved some of the bills most feared by employers, including bills to ban employment arbitration, extend FEHA administrative deadlines, codify the Dynamex ABC test, and create San...more

Fisher Phillips

Ground Shifts Under California Employers As Governor Signs Flurry Of Significant Legislation

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First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2019

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Takes on the Arbitration of Harassment and Discrimination Claims

Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement. As we previously reported, on March...more

Fisher Phillips

Federal Judge Strikes Down NY’s Sexual Harassment Arbitration Ban

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An agreement to arbitrate sexual harassment claims is enforceable, according to a recent decision handed down by a federal judge in the Southern District of New York, despite a state law purporting to ban mandatory...more

Hogan Lovells

Mandatory Arbitration Provision Enforceable in Sexual Harassment Case Despite Recent NY Law

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On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more

Seyfarth Shaw LLP

Court Holds That NY’s Prohibition of Arbitration Agreements Is Preempted by Federal Law

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Seyfarth Synopsis: A new decision in the Southern District of New York held that the N.Y. prohibition of mandatory, pre-dispute arbitration of sexual harassment claims is preempted by the Federal Arbitration Act....more

Morgan Lewis

New York Legislature Passes Significant Harassment and Discrimination Law

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The New York State Senate and Assembly on June 19 passed Bill 8421 (the Bill), which lowers the standard for an employee to prevail when raising harassment claims, limits a potential employer defense against harassment...more

Fisher Phillips

Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals

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February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more

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