MANDATORY ARBITRATION AND LGBTQ+ HOSTILE WORKPLACE PROTECTIONS: A REVIEW OF THE ENDING FORCED ARBITRATION ACT, ITS IMPACT, AND IMPLICATIONS

Authors

Jared E. Munster

Abstract

In 2022, the 117th Congress amended the Federal Arbitration Act (FAA) in response to widespread public pressure to change the culture of American employment. After years of pervasive sexual harassment across industries, supported by the growth of mandatory, adhesive arbitral agreements in employment contracts, Congress adopted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Ending Forced Arbitration Act”) which rendered unenforceable pre-dispute arbitral agreements for claims of sexual harassment or sexual assault. 1

Recommended Citation

Jared E. Munster, MANDATORY ARBITRATION AND LGBTQ+ HOSTILE WORKPLACE PROTECTIONS: A REVIEW OF THE ENDING FORCED ARBITRATION ACT, ITS IMPACT, AND IMPLICATIONS, 2024 J. Disp. Resol. (2024)
Available at: https://scholarship.law.missouri.edu/jdr/vol2024/iss1/14