Labor/Employment
Mar. 18, 2022
Sexual harassment and FEHA: The shrinking scope of arbitration and confidentiality clauses
Recent changes in federal and state law that shrink the scope of arbitration and confidentiality clauses will affect how cases are litigated and settled in California.
Steven H. Kruis
ADR Services, Inc.Email: skruis@adrservices.org
Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.
The #MeToo movement continues to reshape federal and state laws. On March 3, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, barring mandatory arbitration of sexual harassment cases nationwide. In California, the Silenced No More Act has expanded the restriction prohibiting confidentiality clauses in sexual harassment cases to all claims brought under the Fair Employment and Housing Act. These new ...
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