The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual harassment claims.
However, not all of these proposed new laws are directed exclusively at sexual harassment claims. For example, in California, a
Specifically, the bill prohibits an employer from requiring any job applicant or employee to waive any right, forum or procedure for a violation of any provision of the California Fair Employment and Housing Act.
The FEHA prohibits discrimination, harassment or retaliation based on a large list of
A similar
While it’s fairly widely known that potential laws prohibiting arbitration of sexual harassment claims and nondisclosure agreements related to sexual harassment are cropping up in many states, many employers are unaware that such laws also could apply to a wide array of other types of employment-related claims.
This means that employers should be cognizant when using form arbitration agreements or settlement agreements, particularly when operating in multiple states, and should always consult counsel before entering into such agreements.
This article originally appeared on the
