New laws, including a federal bill signed into law this past March, have helped give workers harmed by sexual harassment and/or sexual assault more power over the resolution of those claims. Previously, many employers had successfully moved these cases from the courts to arbitration (via the enforcement of arbitration agreements that they had demanded of their employees at the start of those employees’ employment.) Now, the law places more workers in control of deciding whether their cases go forward in a courtroom or in an arbitration setting. As with any kind of decision about your sexual harassment case, a knowledgeable New Jersey sexual harassment lawyer can provide critical advice about which option makes the most sense for you.
A recent sexual harassment ruling from the Appellate Division court shows the impact of this new law (and others,) and represents a bit of good news for people who are now going to court to file their sexual harassment complaints.
P.R. and his employer signed an employment contract that said that all claims — including issues of discrimination, harassment, and/or retaliation — would be subject to arbitration. In June 2021, the employer fired P.R. Six months later, P.R. sued, alleging sexual assault, sexual harassment, and retaliation. The employer sought to enforce the arbitration clause and move the case to an arbitration setting.