Public Law 117-90 passed March 3, 2022

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Title 9 of the United States Code amended-

Definitions

“Predispute Arbitration Agreement”- any agreement to arbitrate a dispute that had NOT yet arisen art the time of the making of the agreement.

“Predispute Joint-Action Waiver”- any agreement, whether or not part of a predispose arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has NOT yet arisen at the time of the making of the agreement.

“Sexual Assault Dispute”- a dispute involving a nonconsensual sexual act or sexual contact, as defined in Section 2246 Title 18 or similar Tribal or State law, including when the victim lacks capacity to consent.

“Sexual Harassment Dispute”- a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal or State law.

No validity or enforceability

Notwithstanding any other provision of this title, the person alleging conduct of a sexual harassment or sexual assult dispute, or the named representative of a class or in a collective action alleging such conduct, NO predispute arbitration agreement or predispute joint-action waiver shall be valid with respect to a case which is filed under Federal, Tribal or State law and relates to the sexual assault or harassment dispute.

Determination of Applicability

An issue as to whether this chapter applies to a dispute shall be determined under Federal law. The applicability to an agreement to arbitrate the validity of an agreement shall be determined by a court, rather than an arbitrator. The party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other therms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.”