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A new law signed by President Biden brings significant changes to employers’ ability to require arbitration of certain disputes with employees and could lead to an increase in sexual assault and sexual harassment claims against employers in court. On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (“FAA”) to provide that pre-dispute arbitration agreements and predispute joint-action waivers relating to sexual assault and sexual harassment disputes are unenforceable at the election of the person or class representative alleging the conduct. The Act took effect immediately upon signing.
Further, it prevents employers from requiring that employees waive their rights to pursue workplace sexual assault and harassment claims as class actions. Accordingly, the Act removes significant barriers that employees may face to pursuing claims of workplace sexual harassment or assault in court.
Join us on Compliancevent to learn what steps Employers have to take in this regard from this quarter onwards. This training will provide in-depth guidelines on how you can modify your policies as per this new law. You'll also receive a FREE customized compliance tool to help you develop a deep understanding of it.
The new Act restricts the enforcement of pre-dispute arbitration agreements and predispute joint-action waivers over sexual assault disputes and sexual harassment disputes. A sexual assault dispute is defined as a "dispute involving a nonconsensual sexual act or sexual contact including when the victim lacks the capacity to consent." A sexual harassment dispute is a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.
The Act does not expressly cover retaliation claims. If parties disagree as to whether the new law covers a particular dispute, the law provides that the determination is one for a federal court and not an arbitrator, regardless of whether an arbitration agreement delegates such determination to an arbitrator. This training will identify all the highlights of the new law and how Employers and professionals can mitigate the new law.
-What is included in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act)?
-Why was this law proposed and what does it do for the victims of sexual assault and sexual harassment?
-What do Employers have to do to stay compliant with the new law?
-What policy changes need to be made?
-What types of claims are exempt from the law?
-Which states have similar regulations and how far do they go?
-How is sexual harassment training impacted by the law?
-Why the law may not cover retaliation claims?
-How do the employees impacted have more leverage when Employers create agreements?
-How will the court cases handle these claims in litigation?
-What is the definition of arbitration agreements when it comes to sexual harassment?
-What are the key factors when developing any employee contract involving waivers to the law?
-What should be added to the Employee Handbook and standalone policies?
-All Employers
-Business Owners
-Company Leadership
-Compliance professionals
-HR Professionals
-Managers/Supervisors
-Employers in all industries
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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