Employment Litigation
Employment Practice and Defense
Agreements are generally enforceable under the Federal Arbitration Act, including class waivers. Sexual harassment and assault claims are excepted by federal statute at the claimant's election.
Unconscionability remains the principal challenge.
Alternative Names:
Employment Arbitration Agreement|Mandatory Arbitration
Why it Matters?
The Ending Forced Arbitration Act carved out sexual assault and harassment claims at the claimant's option, which means an agreement enforceable as to every other claim may not reach the harassment count in a multi-claim complaint. Unconscionability challenges focus on cost allocation, discovery limits, and the absence of mutuality. Mass arbitration has also changed the economics, since filing fees across thousands of individual claims can exceed the class exposure the waiver prevented.
Frequently Confused with
Related terms
Frequently asked questions
What claims fall outside enforcement?
How has mass arbitration changed the calculus?
