Will Companies Include Harassment in Arbitration Clauses?

Should Harassment Claims Be Subject to Arbitration?

Manatt’s Esra Hudson, chair of the firm’s employment and labor practice, was interviewed by SHRM for an article on how harassment fits into the Supreme Court’s decision to approve arbitration agreements that waive employee rights to join a class action.

Hudson explained that in order to promote their anti-harassment policies and demonstrate a commitment to being transparent about claims, some companies don’t require harassment claims to be brought through their arbitration programs.

There is a common view that arbitration is a confidential process, she noted, and that harassment, in contrast, should be subject to public scrutiny so that victims’ ability to work collectively to combat sexual harassment is not undermined.

Read the article here