Cardozo Journal of Equal Rights & Social Justice
Abstract
The note argues that forced arbitration clauses in employment contracts systematically deny justice to survivors of workplace sexual violence by shielding employers from accountability and limiting legal recourse. While the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) represents a step forward by invalidating predispute arbitration agreements for sexual assault and harassment claims, it falls short of fully addressing the issue due to gaps in retroactive application, inconsistent court interpretations, and lack of alignment with Title VII. The note calls for broader legislative reforms to eliminate forced arbitration in all discrimination cases and ensure survivors' access to justice.
Disciplines
Contracts | Dispute Resolution and Arbitration | Law | Law and Gender
Recommended Citation
Heidi M. Sandomir,
The End of Forced Arbitration of Sexual Violence and the Uncertain Future,
29
Cardozo J. Equal Rts. & Soc. Just.
111
(2022).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol29/iss1/5