The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act: Is this the beginning of the end of mandatory employment arbitration?

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The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” amended the Federal Arbitration Act to bar mandatory employment arbitration agreements covering sexual harassment and sexual assault claims. This program will feature Prof. Alexander J.S. Colvin and G. Roger King who testified before Congress as the legislation was being considered (see here and here respectively, for their written testimony). 

The panel will discuss the new statute, its intended purposes, and its impact more broadly on mandatory employment arbitration. The program will also cover why sexual harassment and assault claims, in particular, have been excluded from mandatory arbitration. Will this exclusion for such claims remain unique under the FAA or will it lead towards a ban on mandatory arbitration for employment claims generally? How does the Act connect to the more general issue of class, collective, and joint action waivers in predispute arbitration, and will the Act impact the mass filing strategy that plaintiff side firms are increasingly using?


Prof. Alexander J.S. Colvin, Kenneth F. Kahn '69 Dean and Martin F. Scheinman Professor of Conflict Resolution, School of Industrial and Labor Relations, Cornell University

G. Roger King, Senior Labor and Employment Counsel, HR Policy Association

Moderator: Christopher C. Murray, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.