pair of glasses resting on legal pad and man's hand in background Employees and former employees can still agree after a dispute arises to send sexual harassment claims to arbitration. (Photo: Shutterstock)

On February 10, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and sent the Act to President Biden for signature. President Biden is expected to sign the bill this week, which will become law immediately upon signature by the President.

This Act makes pre-dispute arbitration agreements relating to sexual assault or sexual harassment void. Similarly, any class or collective action waiver in pre-dispute arbitration agreements involving sexual assault or sexual harassment are void. This means that employees who allege sexual harassment in the workplace will be able to pursue their claims in court (after filing with the appropriate administrative agency, if necessary under state or federal law), regardless of whether they previously signed an arbitration agreement.

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