For an Initial Consultation, call (917) 371-8000

Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

steven mitchell sack

Congress Outlaws Mandatory Arbitration in Sexual Harassment Cases

Congress has successfully passed a law that would make it illegal to enforce mandatory arbitration clauses in employment contracts for sexual harassment and sexual assault cases. This measure, which is expected to be signed into law, is intended to protect employees from being trapped in private arbitration. This, in turn, could help victims of sexual harassment and assault in the workplace to get the justice they deserve.

What is Arbitration?

“Arbitration” refers broadly to a type of private dispute resolution service that is seen as an alternative to resolving legal disputes in courts. While arbitration is meant to follow the applicable law, these arbitrations are carried out in private, and do not create legal precedence. This makes them often seen as a preferable alternative to litigating in the court, which can be costly and time-consuming.

What is a Mandatory Arbitration Clause?

A mandatory arbitration clause is a clause in a contract that requires any disputes related to the contract to be settled in private arbitration. In an employment context, this means that anyone who sued their employer while under a mandatory arbitration clause cannot normally go to court. Instead, they must go through arbitration, which often favors employers and is very difficult to appeal once it has been decided. Moreover, once an arbitrator has made a decision in the case, it is deemed legally binding, and becomes nearly impossible to appeal except in the most egregious cases.

Why is Congress Restricting the Use of Mandatory Arbitration Clauses?

A common complaint about mandatory arbitration clauses is that they are used as a way of restricting employees’ legal rights and keeping their complaints private. This makes it easier for employers to protect their reputations and limit the costs they suffer from employment law violations, including sexual harassment and assault cases. It also makes it much harder for victims of workplace sexual harassment and assault to seek justice in the courts, especially in cases involving multiple victims or complex discrimination cases.

How Could This Affect Regular Employees?

This new law will allow employees suing their employer over alleged sexual harassment or assault to more easily pursue claims in court. While arbitration will still be a potential method of dispute resolution, it will merely be an available alternative, rather than mandatory. This can make it much easier for victims to obtain justice, and get the compensation they deserve for the harm they have suffered.

If you have gotten into a legal dispute with your employer, it is important that you seek the guidance of an experienced New York employment lawyer who can protect your legal rights and advocate on your behalf. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 40 years’ experience handling the many aspects of employment law. To schedule an appointment with New York City employment lawyer Steven Mitchell Sack, call (917) 371-8000 or visit his contact page.

    If you have experienced any of the below, fill out the form to the right to set up your FREE PHONE CONSULTATION:























    What’s Happening at The Law Offices of Steven Mitchell Sack

    new york lawyer
    new york lawyer awards
    new york lawyer blog

    Our Reviews and Client Feedback

    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
    I had the pleasure of working with Steven on my separation agreement, and I couldn’t be more grateful for his expertise and dedication. From the very beginning, he provided clear, strategic guidance, ensuring that my rights were fully protected. He took the time to answer all my questions, kept me informed at every step, and negotiated effectively on my behalf. His attention to detail and deep understanding of employment law helped me secure an exceptional outcome. I highly recommend Steven!
    Response from the owner:Thank you for your review. We are glad you were satisfied with your representation, and hope you contact us if you ever have need of representation again.
    I had a great experience working with Steven Sack recently relating to a recent job separation from my former employer. He is straight to the point, very knowledgeable, and easy to work with. I absolutely recommend his services to anyone that needs an employment attorney.
    Response from the owner:Thanks for your review. If you ever need any future counsel on employment law matters, please feel free to contact us again.
    js_loader

    Testimonials

    Read More

    Skip to content