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Sexual Harassment Employment Litigation Employment Contract

Venable LLP

EFAA Arbitration: Jurisdictional Divide on Pleading Standards

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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

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 1

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There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more

Ervin Cohen & Jessup LLP

Sexual Harassment Claims Preclude Arbitration Even if the Federal Arbitration Act is Not Explicitly Invoked in an Arbitration...

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), a federal law, is unique for its role in overriding the policy in favor of the enforcement of arbitration agreements.  The Act was...more

Sheppard Mullin Richter & Hampton LLP

Choice-of-Law Provisions Cannot Circumvent Ending Forced Arbitration Act, Court of Appeal Rules

On February 3, 2025, the California First District Court of Appeal held that a party to an arbitration agreement cannot rely on a choice-of-law provision to wire around the federal Ending Forced Arbitration of Sexual Assault...more

Morgan Lewis

French Employers May Decline Internal Investigations for Misconduct or Noncompliance

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The Défenseur des Droits published on February 5, 2025 a framework decision confirming that employers are not required to conduct an internal investigation unless they receive claims of discrimination or sexual harassment...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Ius Laboris

Ireland’s Push for Transparency With New Restrictions on NDAs

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After much anticipation, a new law has come into effect in Ireland which places significant restrictions on employers when entering into non-disclosure agreements (‘NDAs’) with employees or former employees....more

Jaburg Wilk

Can I Be Forced to Arbitrate My Sexual Assault/Harassment Claims?

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On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) which precludes employers from requiring employees to arbitrate disputes related to sexual assault or...more

Barnea Jaffa Lande & Co.

Employment Law: Everything You Need to Know for the Beginning of 2025

Israel began 2025 with a series of labor law amendments and updates. Following are highlights of relevant amendments and innovations. ...more

Fox Rothschild LLP

Doing Business in California Guide Updated for 2025

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The allure of doing business in California is undeniable. It is the world’s fifth (and moving towards fourth) largest economy and a market of over 39 million people. For employers, however, California presents unique...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Seyfarth Shaw LLP

No Arbitration Even If Only One Claim Is Covered By EFAA

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Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more

Seyfarth Shaw LLP

Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault...

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Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more

Jackson Lewis P.C.

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

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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

Fisher Phillips

NYC Bans Contract Terms that Reduce the Time Employees Have to Bring Discrimination Claims: Key Points for Employers

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New York City employers should review their handbooks and employment agreements to ensure they comply with a new law that took effect May 11. Lawmakers recently amended the New York City Human Rights Law (NYCHRL) to prohibit...more

BCLP

UK HR Two Minute Monthly: January 2024

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Our January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more

Genova Burns LLC

Ending Forced Arbitration of Sexual Harassment, Not Discrimination

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Arbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute...more

Genova Burns LLC

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

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On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

Littler on

In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

Saiber LLC

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

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Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more

Hogan Lovells

Small beer - no Employment Bill but extended ban on exclusivity clauses

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The long-awaited Employment Bill is no closer to being put before Parliament, after there was no mention of it in the Queen’s Speech. However, in a separate announcement, the UK government has said that it will extend the...more

Woods Rogers

New Federal Law Ends Mandatory Arbitration of Sexual Harassment and Assault Claims

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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, limiting the use of mandatory employment arbitration agreements. Until now, under the...more

Downey Brand LLP

Employment Arbitration Update: President Biden Signs Legislation Limiting Arbitration Provisions Relating to Sexual Assault and...

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On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” (“the Act”) with bipartisan support. The Act is a piece of landmark legislation and the...more

Miller & Martin PLLC

Claims of Sexual Assault and Sexual Harassment Can No Longer Be Kept Out of Court Through Mandatory, Pre-Dispute Arbitration...

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On March 3, 2022, President Biden signed into law the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act" (“the Act”), also referred to as the "#MeToo Act." ...more

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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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

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