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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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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) and allows employees alleging sexual assault or sexual harassment to avoid enforcement of arbitration agreements and class action waivers relating to such claims. This means that millions of employees may now choose to pursue sexual assault and sexual harassment claims in court and/or as a class, even if they previously agreed to arbitrate such claims on an individual basis. This development will significantly impact the forum in which these types of employment disputes are resolved.

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Courts have long viewed arbitration as a favored mechanism of dispute resolution, and arbitration provisions have become a common feature in many employment contracts. The Act, inspired by the #MeToo movement, aims to limit the reach of mandatory arbitration agreements by giving employees the option to pursue sexual assault and sexual harassment claims in court rather than an arbitral forum.

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Nancy M. Barnes 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com">Nancy.Barnes@ThompsonHine.com</a>

Todd M. Seaman 614.469.3257 <a href="mailto:Todd.Seaman@ThompsonHine.com">Todd.Seaman@ThompsonHine.com</a>

or any other member of our <a href="https://www.thompsonhine.com/services/labor-amp-employment">Labor &amp; Employment</a> group.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/08/New_Federal_Law_Restricts_Enforcement_of_Sexual_Assault__Harassment_Claim_Arbitration_Agreements.pdf

New Federal Law Restricts Enforcement of Sexual Assault-Harassment Claim Arbitration Agreements

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