On March 3, 2022 President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.”
This federal law ends forced arbitration in workplace sexual assault and harassment cases, allowing survivors to file lawsuits in court against perpetrators. The Act was first introduced into Congress in 2017 by Sen. Kirsten Gillibrand (D-N.Y.) and Sen. Lindsey O. Graham (R-S.C.).
As an experienced California employment attorney, I knew that my cases could be affected by this law, and my first case that called California’s interpretation of this law into question began earlier this year.
How Will Ending Forced Arbitration Affect California Employment Cases?
On May 23, 2023, I filed a case along with my co-counsel, Josh Schein, entitled, Jane Doe v. Second Street Corporation DBA the Huntley Hotel & The Penthouse, et. al. LASC Case No. 23SMCV00653.
The Case Details
The Plaintiff worked for the Defendant until her constructive termination. The Plaintiff alleged that she was attacked and sexually assaulted by a co-worker outside of work. She then alleged other accusations against various managers, including that the Defendant initially failed to conduct an investigation into the accusations, and later claimed it was conducting an investigation but never interviewed the Plaintiff.
The Ruling
The Honorable Edward B. Moreton, Jr. denied the Defendants’ motion to compel arbitration on the grounds that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applied and voided the arbitration agreement since her ongoing harassment, discrimination, and constructive discharge ended on May 13, 2022 after the law went into effect.
A week later, the Defendants filed a notice of appeal that is still being adjudicated. The ruling of this case will provide insight on how this new law will be interpreted in the State of California.
Contact the Sherman Law Corporation
For additional information or wish to seek employment counsel, please contact Lisa Sherman for a free consultation at (323)488-2087 or at Lisa@sherm-law.com.
