ARTICLE
3 August 2018

Prohibition On Mandatory Arbitration Of Sexual Harassment Claims Begin July 11

B
BakerHostetler

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Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
Effective July 11, 2018, employers are not permitted to institute mandatory arbitration agreements related to sexual harassment claims.
United States Employment and HR
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Effective July 11, 2018, employers are not permitted to institute mandatory arbitration agreements related to sexual harassment claims. This means that if an employer currently has a mandatory arbitration clause built into its standard employment agreements, separation agreements or settlement agreements, those documents will need to be edited to carve out an exception for any claims related to sexual harassment. It is unclear how or whether the Federal Arbitration Act will pre-empt this prohibition, but it is possible we will see litigation related to pre-emption in the coming months.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
3 August 2018

Prohibition On Mandatory Arbitration Of Sexual Harassment Claims Begin July 11

United States Employment and HR

Contributor

BakerHostetler logo
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
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