Suing for Workplace Sexual Harassment in California? You’re No Longer Forced Into Arbitration.

If you have experienced sexual harassment in California, you have the right to take your case to court. In 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) was passed, giving employees the right to bring sexual harassment claims before a judge and jury. Previously, employers have attempted to sidestep this law by stating in contracts that California law would apply instead of federal law, which would then force arbitration. However, given the recent legal developments, employees are not obligated to settle sexual harassment claims only through arbitration.

What is Arbitration?

Arbitration is an alternative form of dispute resolution in which legal disputes are resolved privately instead of going to court. Many employment contracts contain arbitration clauses, often buried in the paperwork that employees sign when starting a job. These agreements usually imply that if a dispute arises, including one involving sexual harassment, you must settle it through arbitration rather than filing a lawsuit. Arbitration is conducted by a neutral arbitrator or a panel. 

The disadvantage of arbitration is that, unlike a court trial, it is final and cannot be appealed once a decision is made. Also, since the employer typically selects and pays for the arbitrator, the employee may feel like the company has an unfair advantage. With a court case, however, the issue is evaluated and determined by a judge and jury, meaning one party is not unfairly favored. Additionally, since court cases are public, they can help expose an employer’s patterns of workplace harassment, which they may be trying to hide from the public eye.

How the New Law Protects Employees

Before this law, there was a debate over whether the Federal Arbitration Act (FAA), which sought to prohibit forced arbitration clauses, overruled state laws. Now, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act clarifies that such arbitration agreements cannot be enforced for sexual harassment or sexual assault complaints. So, this is what it means:

1. Any arbitration agreement that you signed before this law cannot prevent you from suing your employer for sexual harassment or assault. 
2. You still have the option to use arbitration, but your employer cannot force you to do so
3. The law applies retroactively, meaning any harassment or assault that happened even before March 2022 can be taken to court.
4. Other types of workplace disputes, such as discrimination based on race, age, or disability, may still be subject to mandatory arbitration.

Therefore, if you have an arbitration contract, you no longer have to worry that it will prevent you from taking legal action against your employer for sexual harassment or assault. If you are unsure about your rights or believe your employer is trying to enforce an arbitration agreement illegally, it is wise to seek legal guidance.

If you are starting a new job, review your employment contract carefully to determine if your employer has included arbitration clauses that limit your legal options. If so, you can talk to your employer before signing the agreement or consult a skilled employment lawyer to ensure you are making an informed decision about your rights in the workplace. 

Contact a California Employment Lawyer Today

If you have been subject to workplace sexual harassment or assault, contact an experienced California employment lawyer today to discuss your case.