When employees experience sexual harassment in the workplace, one of the most critical first steps is knowing where to seek justice. For some, this might mean pursuing a claim through traditional court systems. For others, it could mean facing arbitration—a private legal process outside of court. But must sexual harassment claims be submitted to arbitration?
1. Understanding Arbitration Agreements in Employment Contracts
Many companies include arbitration agreements as part of their employment contracts. When employees sign these agreements, they essentially agree to resolve certain types of disputes, such as workplace harassment, through arbitration rather than going to court.
2. Are All Sexual Harassment Claims Subject to Arbitration?
In recent years, changes in legislation and public sentiment have begun to impact arbitration’s role in sexual harassment cases. For example:
- Federal Laws: In 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was signed into law. This law allows employees to choose whether they want their claims of sexual harassment and assault to be heard in court or through arbitration, even if they signed a mandatory arbitration agreement.
- State Laws: Some states have also passed laws that limit or prohibit forced arbitration for certain types of claims, including sexual harassment.
Thus, in many cases today, employees have the option to bypass arbitration for sexual harassment claims and bring them directly to court.
3. Why Arbitration Might Not Be Ideal for Sexual Harassment Claims
While arbitration can benefit some disputes, there are several reasons why employees might prefer to take their case to court:
- Transparency: Arbitration proceedings are usually private, which can shield companies from public scrutiny.
- Damages: In most cases a jury will be more sympathetic to claims of emotional harms, and award more money.
- Right to Appeal: Court decisions can be appealed, giving plaintiffs more legal recourse if they feel the ruling was unjust. Arbitration rulings, however, are typically binding with limited options for appeal.
- Power Dynamics: Arbitration can sometimes favor the employer, especially if they routinely work with certain arbitrators, creating a perceived or real imbalance of power.
4. Choosing the Right Path for Your Sexual Harassment Claim
If you believe you have been subject to harassment, here are some steps to help you decide on the best way to proceed:
- Review Your Employment Contract: See if there is a mandatory arbitration clause in your employment contract. Even if there is, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act may give you a choice.
- Consult an Attorney: Sexual harassment claims can be complex, and each situation is unique. An attorney experienced in employment law can help you understand your rights and navigate the process.
- Consider Your Goals: Are you seeking a quick resolution or aiming to hold your employer publicly accountable? Your desired outcome may influence whether arbitration or court is more appropriate.
5. What The Fraley Law Firm Can Do for You
If you are considering a sexual harassment claim, funding the case may be a concern, especially if you are facing lost wages or related costs. The Fraley Law Firm offers victims of workplace harassment the opportunity to pursue justice. With a contingency fee arrangement, you can focus on your case without the worry of upfront costs, and if you do not recover, you will not owe us repayment.
In summary, while many employees are no longer forced into arbitration for sexual harassment claims, deciding on the best path can still be challenging. By understanding your options, seeking expert guidance, and considering financial support, you can make the best decision for your case and seek the justice you deserve.
