By Mark Carey
It’s a dirty secret that’s been hidden in plain sight: employers are using forced arbitration agreements to silence victims of sexual harassment. Even though a federal law was passed in 2022 to end this practice, companies are finding ways to skirt the law and keep victims from having their day in court.
What is forced arbitration? It’s a clause in an employment contract that requires employees to resolve any disputes with their employer through arbitration, rather than through the court system. This means that victims of sexual harassment are often forced to give up their right to a jury trial and have their case heard by a private arbitrator, who is often chosen by the employer.
Why is this a problem? Arbitration is often secretive and biased in favor of employers. Victims are often silenced and prevented from speaking out about their experiences. This allows companies to protect their reputations and avoid accountability for their actions.
Who’s doing it? A long list of companies, including well-known names like Tesla, CVS Pharmacy, Uber, Gartner, Boehringer Ingelheim, Everyrealm, New York Life Insurance, Stifle, Nicolaus & Co. and Juul Labs, have been reported in court dockets. These companies are challenging employees’ complaints and trying to compel arbitration, even in clear cases of sexual harassment.
What can you do? If you’re facing sexual harassment at work, it’s important to know your rights. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFA) makes it illegal for employers to force arbitration in these cases. If your employer tries to do this, you may have legal recourse.
Don’t be silenced. If you’ve been a victim of sexual harassment, speak out. Contact our employment attorneys at Carey & Associates, P.C. to help you understand your rights and fight for justice. You deserve to have your voice heard.
This blog post is based on a podcast episode by Mark Carey posted today. Listen to the full episode HERE.
Let’s end forced arbitration and hold employers accountable for sexual harassment.
Share this post to spread awareness and help others protect their rights.
#EndForcedArbitration #MeToo #TimesUp #SexualHarassment #EmploymentLaw
List of Case Decisions:
Johnson v. Everyrealm, Inc. 657 F.Supp.3d 535 (SDNY Feb.24, 2023)
Yost v. Everyrealm, Inc., 657 F.Supp.3d 563, (SDNY 2023)
Sing v. Meetup LLC, 2024 WL 3904799 (SDNY Aug.22, 2024)
Marshall v. Sun W. Mortg. Co., No. 1:23cv00030,
2023 U.S. Dist. LEXIS 149293, at *9-10 (N.D. Ga. Aug. 24, 2023).
Mera v. SA Hosp. Group, LLC, 675 F.Supp.3d 442 (SDNY 2023)
Delo v. Paul Taylor Dance Found. Inc. 685 F.Supp.3d 173 (SDNY 2023)
Cornelius v. CVS Pharmacy, Inc., 2023 WL 6876925 (D.NJ Oct.18, 2023)
Turner v. Tesla, Inc., 686 F.Supp.3d 917 (NDCal.2023)
Johannessen v. JUUL Labs, Inc., No. 3:23-cv003681, 2024 U.S. Dist. LEXIS 110901, at *11(N.D. Cal. June 24, 2024)
Pepe v. New York Life Ins. Co., No. 22-4005, 2023 U.S. Dist. LEXIS 20992 (E.D. La. Feb. 7, 2023)
Doe v. Saber Healthcare Grp., No. 3:23CV1608, 2024 WL 2749156, at 2–3 (M.D. Pa. May 29, 2024).
Olivieri v. Stifel, Nicolaus & Company, Inc. 23-658-cv (2d Cir. Aug.12, 2024)
Doe v. Second Street Corp. (The Huntley Hotel)
If you would like more information about this article or to speak with an employment attorney, please contact Carey & Associates, P.C. at info@capclaw.com.
