We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
MANDATORY ARBITRATION AND LGBTQ+ HOSTILE WORKPLACE PROTECTIONS: A REVIEW OF THE ENDING FORCED ARBITRATION ACT, ITS IMPACT, AND IMPLICATIONS.
- Authors
Munster, Jared E.
- Abstract
This article discusses the Ending Forced Arbitration Act of 2021, which made pre-dispute arbitration agreements for claims of sexual harassment or sexual assault unenforceable. It explores the definition of sexual harassment under federal law and its application to LGBTQ+ discrimination, as well as the potential disparate treatment of LGBTQ+ employees under state law definitions. The article also examines the use of mandatory arbitration in employment contracts and its implications for victims of sexual assault and harassment. It concludes by suggesting ways to expand LGBTQ+ employment protections through legislation or judicial interpretations. The Ending Forced Arbitration Act is seen as a step towards protecting workers, but there is a need to expand its scope to include all forms of discrimination and limit the use of mandatory arbitration.
- Subjects
HARASSMENT; SEX discrimination; SEXUAL harassment; SEX discrimination in employment; CIVIL Rights Act of 1964. Title VII; ARBITRATION &; award
- Publication
Journal of Dispute Resolution, 2024, Vol 2024, Issue 1, p266
- ISSN
1052-2859
- Publication type
Article