Forced Arbitration

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On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified at 9 U.S.C. § 402 (EFAA). This law, in sum, invalidates any pre-dispute mandatory arbitration clause as it applies to plaintiffs alleging claims of or related to workplace sexual harassment. In a recent…

Read More Court Considers Temporal Applicability of the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”
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In a somewhat terse opinion, the court in Tantaros v. Fox News Network, LLC et al, 2022 WL 4614755 (S.D.N.Y. Sept. 30, 2022) held that New York’s relatively recently-enacted CPLR § 7515 is inconsistent with (and preempted by) the Federal Arbitration Act, and dismissed plaintiff’s sexual harassment case. The court reasoned: In interpreting the Federal…

Read More Andrea Tantaros’ Sexual Harassment Case Dismissed; Federal Arbitration Act Preempts State Law Arbitration Statute
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On November 16, 2021, Congress held a hearing at which several victims of sexual harassment/assault – including actor Eliza Dushku – testified about their negative experiences with forced arbitration. Their stories are horrific; their bravery admirable. While New York has enacted legislation (Section 7515 of the Civil Practice Law & Rules) to curb forced arbitration…

Read More Sexual Harassment/Assault Victims Testify Against Forced Arbitration
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In a recent letter dated July 30, 2019, several New York lawmakers criticize Ernst & Young’s apparent intention to require sexual harassment claimant Karen Ward to pursue her claims in arbitration as opposed to in court. This letter highlights and underscores the evils of forced arbitration, particularly in the sexual harassment context. From the letter:…

Read More NY Lawmakers Underscore Unfairness of Forced Arbitration in Letter to Ernst & Young
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