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Can Employers Enforce a Compulsory Indecent Assault Agreement?

 

The ADA governs predispute arbitration agreements and waivers of claims. It does not affect agreements entered after a sexual assault claim has arisen. If a sexual assault claim arises after an agreement is signed, the questions surrounding the ADA will be determined by federal law and the courts. The courts will also determine where the sexual assault claims should be handled. In this article, we will review some of the most common questions regarding this agreement.

Enforceability

If you or someone you know has been the victim of sexual assault, you may be wondering whether you can enforce a compulsory indecent abuse agreement. In most states, you must be at least eighteen years of age to be eligible for this protection. The law defines indecent abuse as touching a person’s intimate parts, either intentionally or unintentionally. This statute also covers masochism, bestiality, fellatio, cunnilingus, and lewdly displaying one’s genitals.

To enforce the Act, an employee must first obtain the consent of the minor. However, this consent must come from a parent, and that parent must be at least eighteen years of age. Those who may be considered a parent include the natural, step, adoptive, or custodian parent of a child. SCOTUS has previously punted on this issue, but the Act makes it easier for employers to require consent before discriminating against sexual activity in employment.
Revision of employment contracts

Employers are not legally required to enforce a mandatory indecent assault agreement in their employment contracts. However, the parties to the agreement have the right to change it. A breach of the contract can be treated as a new term and condition of employment. Listed below are some reasons why employers should review this clause. Listed below are some of the common reasons why employers should consider revising an employment contract.

Revision of arbitration agreements

The U.S. Senate recently passed the Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021, which will ban forced arbitration clauses in employment contracts. This legislation also prohibits employers from making sexual harassment and assault claims a condition of obtaining professional benefits. Although there is still some controversy surrounding the law, it does provide some clarity. A statutory interpretation will be required.

This legislation does not invalidate or prevent existing arbitration agreements. Rather, it just amends the Federal Arbitration Act and makes it more difficult for employers to force employees to settle sexual harassment and assault claims through the arbitral process. The bill is expected to be signed into law by President Biden and will prevent sexual harassment and assault claims from being forced into arbitration. However, it does not eliminate the possibility of class actions or other forms of collective action.
Impact on employees

The Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021 was recently signed into law. The Act provides new protections for employees who want to bring sexual assault or harassment claims against their employers. By banning mandatory arbitration of sexual harassment and assault claims, the Act allows employees to bring a lawsuit in court or on a class action basis. The Act has many implications for employers and employees, and employers should consult with legal counsel before enacting any such agreements.

While mandatory arbitration is favored by courts, the new law prohibits employers from requiring employees to arbitrate sexual assault claims against them. However, it does not ban employees from filing claims in court, and it is unclear how it will affect the enforceability of any existing agreement. This legislation also has retroactive effect, which means that any agreement made prior to the law will still stand. However, if an employee wants to bring a sexual harassment claim, he or she will have to file suit after the new law becomes effective.