New legal debates are emerging in sexual harassment lawsuits, including whether workers can waive their rights to avoid mandatory arbitration and if judges have the power to invoke that carveout for them.
Courts have grappled with several legal ambiguities in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a 2022 law stemming from the #MeToo social justice movement. Those include the appropriate pleading standard for employees to defeat a company’s motion to compel arbitration and whether the law covers non-sexual harassment claims that are intertwined with sexual misconduct allegations.
The US Court of Appeals for the Sixth ...
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