This week brings a significant change for employment
arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and
Sexual Harassment Act of 2021 (H.R. 4445), which now heads
to the White House for President Biden's signature. This bill
amends the Federal Arbitration Act (FAA) to bar pre-dispute
arbitration agreements of claims alleging sexual assault or sexual
harassment, and includes a bar against any waivers of the right to
bring such claims jointly and/or on a class basis.
On February 10, 2022, the United States Senate passed the bill
by voice vote with bipartisan support, and earlier in the week, the
United States House of Representatives passed the bill by a 335-97
bipartisan vote. At the beginning of the month, President Biden
issued a Statement of Administration
Policy supporting the bill and urging its passage, so
there is little question the president will sign the bill into law
promptly. While the president's
