A bill that will prohibit mandatory arbitration of sexual assault and sexual harassment claims is on its way from the House and Senate to President Biden for his signature.  It appears likely that the President will sign the bill, given that a statement issued by the President’s Office earlier this month states that the “Administration supports” passage of the bill.

The bill, which is known as H.R. 4445 – Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”), amends federal law by prohibiting pre-dispute mandatory arbitration agreements for sexual assault and sexual harassment disputes. It was approved by the House of Representatives with a bipartisan 335-97 vote on Monday, February 7. Senate approval followed quickly with a voice vote on February 10, 2022, sending the measure to the President for his signature.

The Act is silent about whether the date of execution of an arbitration agreement would determine whether a sexual assault or sexual harassment claim would proceed to arbitration or to court.  Rather, the Act focuses on when a dispute or claim arises or accrues.  Once enacted, as expected, the Act will apply to a sexual assault or sexual harassment “dispute or claim that arises on or after the date of enactment of [the] Act.”  Given that the application of the Act will, in part, be determined by when the dispute or claim arises, employers should evaluate their arbitration agreements and consult with their counsel if and when the Act goes into effect.

Back to Workforce Bulletin Blog

Search This Blog

Blog Editors

Related Services



Jump to Page


Sign up to receive an email notification when new Workforce Bulletin posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.