As the #MeToo movement gained momentum so, too, have efforts by individuals claiming sexual harassment to bring legal action against their alleged abusers and their employers. At the same time, the use of mandatory arbitration to address the difficult issues of sexual harassment has come under increased scrutiny. Indeed, in the wake of the #MeToo movement, many employers decided to eliminate mandatory arbitration provisions from their employment contracts. Concluding that mandatory arbitration of discrimination claims involving rights protected by federal statute and constitutional law is against public policy, several states enacted legislation prohibiting mandatory arbitration of sexual harassment or discrimination claims. Section 7515, which declared that, except where inconsistent with federal law, mandatory arbitration provisions covering sexual harassment claims were null and void.

Source: New York Times January 07, 2022 17:16 UTC