Sexual Harassment and Sexual Assault Arbitration Barred by Law. What Should Employers Do Now?
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Date
May 05, 2022 -
Time
13:00 PM EST -
Duration
90 Min
Overview:
A new law signed by
President Biden brings significant changes to employers’ ability to require
arbitration of certain disputes with employees and could lead to an increase in
sexual assault and sexual harassment claims against employers in court. On
March 3, 2022, President Biden signed into law the “Ending Forced Arbitration
of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”). The Act
amends the Federal Arbitration Act (“FAA”) to provide that predispute
arbitration agreements and predispute joint-action waivers relating to sexual
assault and sexual harassment disputes are unenforceable at the election of the
person or class representative alleging the conduct. The Act took effect
immediately upon signing.
Further, it prevents
employers from requiring that employees waive their rights to pursue workplace
sexual assault and harassment claims as class actions. Accordingly, the Act
removes significant barriers that employees may face to pursuing claims of
workplace sexual harassment or assault in court.
Session Highlight:
· Learn what is included
in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of
2021 (the Act)
· Learn why this law was proposed and what is does to victims of sexual assault and sexual harassment
· What do Employers have to do to stay compliant with the new law
· What policy changes need to be made?
· What is the definition of arbitration agreements when it comes to sexual harassment?
· Learn how sexual harassment training is impacted by the law
· Learn what the key factors are when developing any employee contract involving waivers to the law
· Learn why the law may not cover retaliation claims
· Learn how employees impacted have more leverage when Employers create agreements
· Learn what types of claims are exempt from the law
· Learn which states have similar regulations and how far do they go
· Learn how the court cases will handle these claims in litigation
· Learn what should be added to the Employee Handbook and standalone policies
Why Should You Attend:
The new Act restricts
enforcement of predispute arbitration agreements and predispute joint-action
waivers over “sexual assault disputes” and “sexual harassment disputes.” A
“sexual assault dispute” is defined as a “dispute involving a nonconsensual
sexual act or sexual contact…including when the victim lacks capacity to
consent.” A “sexual harassment dispute” is a “dispute relating to conduct that
is alleged to constitute sexual harassment under applicable Federal, Tribal, or
State law.” The Act does not expressly cover retaliation claims. If parties disagree as to whether the new law
covers a particular dispute, the law provides that the determination is one for
a federal court and not an arbitrator, regardless of whether an arbitration
agreement delegates such determination to an arbitrator. This training will
identify all the highlights to the new law and how Employers and professionals
can mitigate the new law.
Benefits For Attending:
This training will provide you overall information regarding the sexual harassment new law, changes and how employers or professionals can. In addition, each training I offer free customized compliance tools for all attendees. Also get:
· SHRM Recertification
& HRCI PDU Credits
· Free customized compliance tools in the form of guides, templates, policies, toolkits, and free EEO-1 tools to help employers
· Additional HR Compliance Supplemental Slides
· Free answer to all questions even after the training ends
Who Should Attend:
· All Employers
· Business Owners
· Company Leadership
· Compliance Professionals
· HR Professionals
· Managers/Supervisors/Administrators
· Employers in all industries
· Office Managers
Ask your question directly
from our expert during the Q&A session following the live event.
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and international compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
1.5 SHRM-CP & 1.5 HRCI Credits