Insight

Biden Signs Bill Ending Forced Pre-Dispute Arbitration

Biden Signs Bill Ending Forced Pre-Dispute Arbitration

Philip J. Gordon

Philip J. Gordon

March 4, 2022 02:00 PM

A big day! In a rare moment of broad bi-partisan support, Congress and the President enacted groundbreaking legislation that will end forced arbitration for workers who are victims of sexual assault and harassment at work.

“Forced arbitration shielded perpetrators and silenced survivors, enabled employers to sweep episodes of sexual assault and harassment under the rug, and kept survivors from knowing if others have experienced the same thing,” Biden said before he signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

Millions of workers across the U.S. have signed mandatory arbitration agreements which force victims of workplace sexual harassment into confidential arbitration forums, with no right to appeal. This has allowed harassment to continue virtually unabated, as these private venues often favored alleged perpetrators, and their confidentiality prohibits other victims from learning they are not alone.

The new law prohibits those pre-dispute agreements, by amending the Federal Arbitration Act to invalidate contract provisions that mandate pre-dispute arbitration or require employees to waive their right to bring class or collective actions in cases involving sexual harassment. In other words, employees and employers can still choose private arbitration, but only after the dispute, and then only if everyone agrees.

This has been a big win for business, too – many of whom have worked hard to rid their ranks of harassers – as the playing field will now be level against competitors who refused to devote the resources to uncovering and eliminating workplace sexual harassment.

While not as comprehensive as recent laws in New York, California and New Jersey, all of which prohibit use of pre-dispute waivers for any employment related claims for discrimination, harassment or retaliation, this new Federal law brings the Federal Arbitration Act a long way, and creates a path to relief for victims of sexual harassment, many of whom have suffered in silence far too long.

“President Biden has long spoken against forced arbitration clauses in employment contracts and today marks an important milestone in empowering survivors of sexual assault and sexual harassment and protecting employee rights,” White House press secretary Jen Psaki said during a press briefing Thursday.

On behalf of our firm, and many of our clients who have suffered so long in silence, we applaud Congress and the President on this historic moment.

Related Articles

Destiny Fulfilled


by Sara Collin

Was Angela Reddock-Wright destined to become a lawyer? It sure seems that way. Yet her path was circuitous. This accomplished employment attorney, turned mediator, arbitrator and ADR specialist nonpareil discusses her career, the role of attorneys in society, the new world of post-pandemic work and why new Supreme Court Justice Ketanji Brown Jackson represents the future.

Interview with Lawyer Angela Reddock-Wright

Without Delay


by Darren Braun and Ashish Mahendru

Remote testimony? Virtual evidence presentation? Been there, done that: Why even international arbitration proceedings have, for the most part, weathered the pandemic just fine.

People talking in a conference room

We Have an Arbitration Agreement, So What Are We Doing in Court?


by Patricia H. Thompson

Very simply, delay in dispute resolution is bad for business.

Arbitration Agreement

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Changes in Employment Arbitration for 2025


by Debra Ellwood Meppen, Brandon D. Saxon and Laurie Villanueva

What businesses need to know to stay ahead of the curve.

Suited man holding up falling walls with gray and yellow backdrop

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them

IN PARTNERSHIP

Businesses Must Prepare for the New Department of Labor Independent Contractor Rule


by Steven T. Clark and Kirby Black

Two employment law lawyers explain how a new DOL rule making it more likely workers will be classified as employees, rather than independent contractors, has caused legal challenges and prompted businesses to reassess worker status and policies.

Block with outline of person slightly out of place from other blocks

IN PARTNERSHIP

The Long, Short, Thick and Thin of It


by Avrohom Gefen

“Appearance discrimination” based on employees’ height and weight is the latest hot-button issue in employment law. Here’s a guide to avoid discrimination.

Woman stands in front of mirror holding suit jacket

"Lawyer of the Year"


Lawyer smiles while posing for headshot photo

Robin Meadow

Appellate Practice

Los Angeles, CA

2024

The Great Debate: Do You Arbitrate Commercial Disputes?


by David K. Taylor

In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place its very solvency in the unpredictable hands of a judge and jury?

Hand moving multicolor blocks

The Employment Pandemic


by Sarah Greene and Meredith Caiafa

The pandemic has had far-reaching effects on employment law since it officially took hold in 2020, but the litigation and lawmaking surrounding it are mutating faster than the variants. Here’s how lawmakers and businesses can keep up.

Employment Law During COVID-19

Measuring Success by Results


by John Fields

Recognized Best Lawyers®* recipient Joseph F. Brophy on how his Firm determines success.

Measuring Firm Success

NYC Pay Transparency Law Gets New Start Date


by Justin Smulison

This historic law regarding pay transparency in New York City originally scheduled to take effect last week was rescheduled to Fall 2022.

NYC Stand Resolute on Pay Transparency

Racial Discrimination Suit Against NFL May End in Arbitration


by John Ettorre

A former Miami Dolphins head coach is up against the NLF in a discrimination case that is on a path to arbitration; the NFL remains focused on equality for their diverse coaching staff.

Arbitrating Discrimination Suit Against NFL

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

How to Create High-Converting Landing Pages for Your Law Firm


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers