NJ Race, Sex Suit Raises Assault Arbitration Shield Question

A lawsuit over discrimination at security giant Brink’s Inc. made a New Jersey judicial panel question when mixed sex and race allegations can get sent to arbitration despite protections under a federal anti-sexual assault law.

The cases center on allegations that Brink’s created a hostile working environment by not punishing employees, including a supervisor, for racist and sexist remarks in a group chat at a Maywood, NJ branch. While two separate trial courts struck the company’s arbitration provisions and kept the cases in open court, the plaintiffs didn’t raise the protections of federal law preventing forced arbitration over sexual assault ...