Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Congress Amends Federal Arbitration Act for Claims of Sexual Assault

By Yvonne Puig (US), Daphne Calderon (US) & Hannah Putnam (US) on February 25, 2022
Email this postTweet this postLike this postShare this post on LinkedIn

On February 10, 2022, senators observed that “[i]t has become increasingly clear that forced arbitration clauses have enabled sexual abusers to escape scrutiny while their victims are compelled to stay silent.” This is because “[f]orced arbitration clauses not only deny survivors their right to a day in court, they also conceal their allegations from public view,” “which is a green light for abusers to continue harming and harassing victims.” Recognizing this wrong and that “[s]urvivors deserve accountability,” the United States Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

The Act amends the Federal Arbitration Act to permit claimants alleging sexual assault or harassment to elect out of otherwise binding arbitration provisions from pre-suit agreements. The Act gives the claimant discretion regarding arbitration—the individual could still proceed to arbitration if they so desired, but it is their choice notwithstanding previous contractual obligations. The Act also permits claimants to form a class or collective action for the same alleged misconduct even if they already contracted that right away as well.

The United States House of Representatives had already passed the Act on February 7, 2022. At this time, President Biden has not yet signed the legislation, although sources indicate he will.

Photo of Yvonne Puig (US) Yvonne Puig (US)

US Head of Life Sciences and Healthcare Yvonne Puig has a substantial commercial litigation practice in both state and federal courts. She represents hospitals, HMOs, managed care organizations, medical schools and other institutional health care providers and educational services companies. A partner in…

US Head of Life Sciences and Healthcare Yvonne Puig has a substantial commercial litigation practice in both state and federal courts. She represents hospitals, HMOs, managed care organizations, medical schools and other institutional health care providers and educational services companies. A partner in Norton Rose Fulbright’s Austin office, Yvonne’s practice involves commercial and health care litigation, antitrust, regulatory and compliance advice, crisis management, staff privileges, exclusive contracting and administrative law.

Read more about Yvonne Puig (US)Email
Show more Show less
Photo of Daphne Calderon (US) Daphne Calderon (US)
Read more about Daphne Calderon (US)Email
Photo of Hannah Putnam (US) Hannah Putnam (US)
Read more about Hannah Putnam (US)Email
  • Posted in:
    Employment & Labor
  • Blog:
    Health Law Pulse
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo