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Mar 17, 2022

The Shrinking Scope of Arbitration and Confidentiality Clauses in Sexual Harassment and FEHA Cases

The #MeToo movement continues to reshape the law at the federal and state level. On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (Act), completely barring mandatory arbitration of sexual harassment cases nationwide. In California, the Silenced No More Act, effective January 1, 2022, expanded the restriction prohibiting confidentiality clauses in sexual harassment cases to all claims brought under the Fair Employment and Housing Act (FEHA). These new laws impact the way sexual harassment and FEHA cases are now litigated and settled in California.

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