On March 3, 2022, President Biden signed The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.  The law took effect immediately.  The law allows employees who previously entered into agreements requiring all employment disputes to be arbitrated, would be entitled to elect to litigate sexual assault and sexual harassment claims in court instead.  

In addition, if the employment agreement prospectively waived the employee’s right to joint action, they could decide to nullify that agreement as it relates to sexual assault or sexual harassment claims.  Employees may still arbitrate if they prefer, but the law now ensures that they have the option of filing such claims in court.