Update: Amendment to the Federal Arbitration Act: No Mandatory Arbitration of Sexual Assault or Harassment Disputes Signed into Law

I recently reported on the  Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.  As expected, President Biden has signed it. 

As earlier reported, the Act provides that no pre-dispute arbitration agreement or joint-action waiver is enforceable for cases filed under Federal, tribal, or state law claiming sexual assault or sexual harassment.  A joint-action waiver includes class and collective action waivers.  A party claiming sexual assault or harassment has the option of challenging the arbitration agreement or not. 

The Act applies to disputes that arise or accrue on or after the date of the Act’s enactment.