On February 10, 2022, the U.S. Senate, by voice vote, approved the passage of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,” which overwhelmingly passed the House earlier this week. President Biden has expressed support for the Act and is expected to sign the legislation into law. The Act invalidates arbitration agreements that prevent employees from filing a lawsuit in court for claims involving sexual assault or sexual harassment. The Act also invalidates pre-dispute class or collective action waivers of the right to file a lawsuit in court. The person alleging such conduct will be able to elect whether to proceed in court or via arbitration. The Act also expressly provides that a court, not an arbitrator, will make determinations about the applicability of the Act to a given dispute. Employers in Colorado should review their employment agreements carefully and contact qualified counsel for advice on any needed changes in light of the Act. Katie Pratt handles employment disputes for employers around the state—both large and small, public and private.
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