Tag: Sexual Assault

Employers Can’t Mandate Arbitration of Sexual Assault and Harassment Claims

Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA). In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp. v. Lewis. The Court ruled that the FAA requires enforcement of arbitration agreements that fall within its scope, including agreements in which […]

Bill Banning Mandatory Arbitration of Sexual Assault/Harassment Claims Passes

Congress recently passed HR 4445, the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which prohibits the enforcement of mandatory arbitration or joint class action waivers in cases of alleged sexual assault or sexual harassment. Upon President Biden’s signature on March 3, 2022, the law took effect immediately. The legislation […]

When Skies Aren’t So Friendly: Airplanes Can Be Hotbed of Harassment, Sexual Assault

Ahh, the luxury of flying. Getting to sit incredibly close to strangers, being cut off from your e-mail, and having a delicious choice of broken cookies or bland pretzels to snack on. What’s not to love? Well, now you can add sexual predators to that charming list of in-flight hazards.

When are criminal charges none of your business?

by Hannah Roskey Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination are quite limited. The court found that an employee who had been fired after being criminally charged with sexual assault was wrongfully dismissed. The […]

‘Only Women Can Be True Victims of Domestic Violence’ (Your Manager?)

DOL’s  recently released Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, offers examples of employment discrimination and retaliation that may be overlooked. What are some examples of employment decisions that may violate Title VII and involve applicants or […]

Victims of domestic or dating violence, sexual assault, or stalking protected against bias

by Edward Sisson As an employer, you know that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, sex, religion, or national origin. You also know that the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. What you may not know is that those federal […]