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.
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Amanda Michalski
Amanda Michalski is a member of the firm’s Employment Practice Group and counsels clients in a wide range of labor and employment issues. She advises clients on matters involving discrimination, harassment, retaliation, family and medical leave, remote work, and other workplace issues. She frequently drafts and reviews employee policies, employee handbooks, offer letters, and separation agreements. She also assists clients in responding to demand letters and EEOC charges.
Amanda is a member of the firm’s Institutional Culture and Social Responsibility practice, where she works with white collar colleagues to conduct workplace investigations into allegations of workplace misconduct and civil rights and racial equity audits and assessments.
New York City Announces Workplace COVID-19 Vaccination Requirement
Pursuant to a new Order issued by New York City’s Commissioner of Health and Mental Hygiene, beginning December 27 workers in New York City who perform in-person work or interact with the public in the course of their work must provide proof of at least one dose of a COVID-19 vaccination before entering the workplace. Workers then have 45 days to show proof of their second dose if they received either the Pfizer or Moderna vaccine. The Order requires employers to exclude from the workplace any worker who has not provided proof of vaccination or been granted a religious or medical accommodation to the vaccine mandate, as well as workers who do not provide proof of a second Pfizer or Moderna dose within 45 days of submitting proof of the first dose.
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