New York Anti-Sexual Harassment Law Limitations

Law Unlikely to Significantly Alter Status Quo September 13, 2018
S&C partner Ann-Elizabeth Ostrager and associate Jacob Singer examined the implications of a New York law prohibiting predispute agreements requiring arbitration of claims of sexual harassment in a Law360 article titled “The Limitations of NY’s Anti-Sexual Harassment Law,” published September 12. The lawyers wrote that “although well-intentioned,” the provision “is unlikely to significantly alter the status quo” due to its likely preemption under the Federal Arbitration Act. They also noted that there are a number of legitimate reasons why arbitration and confidentiality are preferable when addressing sexual harassment allegations.

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