Court Battles Loom Over #MeToo Arbitration Bill’s Unclear Scope

The landmark bill to guarantee that workers alleging sexual harassment or sexual assault can pursue lawsuits in court contains an ambiguity about its scope that will have to be resolved through litigation, legal scholars said.

Legislation awaiting President Joe Biden’s signature bars the enforcement of arbitration agreements “with respect to a case” that relates to disputes over alleged sexual harassment or assault. That leaves unclear how courts will handle cases that also include other allegations, like race discrimination or wage-and-hour claims, scholars said.

Courts may read that language broadly to decide that the entire lawsuit remains in court, or narrowly ...