In an uncommon bipartisan move, the House and Senate have sent to President Biden’s desk for signature the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.  The Act will empower workers who have signed agreements requiring that they pursue all employment claims in private arbitration, to nonetheless elect to take claims of sexual harassment and sexual assault directly to court.  The new law will similarly enable such workers to elect to pursue class action lawsuits in such cases and override pre-dispute agreements with their employers that purport to waive the right to bring such group actions.   We can help employers update their employment agreements to account for these changes and evaluate whether they are taking appropriate measures to prevent claims of sexual harassment and assault from arising in the first place.  Click here to schedule a consultation 

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Gary Savine is an Illinois employment lawyer and founder of Savine Employment Law, Ltd. in Chicago. Gary regularly advises human resources professionals on recently enacted employment laws.

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