Judge Weighs In On Forced Arbitration In The Workplace

You Have Rights As A Worker. I Will Help Protect Them.
Denis ZilberbergJanuary 15, 2020Sexual Harassment

For years, job applicants and employees in this state have had to submit to mandatory arbitration when they make allegations of sexual harassment, sexual assault, or other serious allegations against coworkers or their employer. Assembly Bill 51 was set to change this practice, but it has hit a roadblock. At The Kaufman Law Firm, we are dedicated to helping employees who have faced harassment in the workplace secure the compensation they deserve. Our Los Angeles sexual harassment attorneys want to discuss AB 51 and its future.

What is going on with this law?

It is no secret that companies In California have taken advantage of forced arbitration in order to hide allegations of sexual harassment and assault. The rise of the #MeToo movement has highlighted just how serious problem harassment and assault have been in California. High-profile cases like the ones currently concerning Harvey Weinstein and other prominent figures often involve coverups that came in the form of forced arbitration.

A California law that would have barred job applicants and workers from having to submit to mandatory arbitration as a condition of their employment has been put on hold. AB 51 was signed by Gov. Gavin Newsom and was set to take effect on January 1, 2020, but a federal judge in Sacramento blocked it on December 30.

The California Chamber of Commerce labeled the bill as a “job killer,” saying that arbitration is an efficient, fair, and affordable method for companies to resolve internal disputes. The Chamber, along with the US Chamber of Commerce and the National Retail Federation, filed a lawsuit last month saying that AB 51 violated federal law.

An estimated 67% of California workplaces had mandatory arbitration policies last year, higher than the national average. Gov. Newsom said that AB 51 and another bill he signed give victims of sexual harassment more time to file complaints and an opportunity to be heard.

A study from NPR found that around 40% of women in this country have experienced sexual harassment in their workplace. Workplace sexual harassment and assault take many forms, including physical harassment, verbal harassment, non-verbal harassment, and outright threats. This type of behavior in the workplace can dramatically affect a person’s psychological and emotional well-being and it can create a hostile work environment. Often, when someone reports instances of sexual harassment or abuse, they are retaliated against by coworkers and supervisors.

We will help you through this

If you or somebody you care about has faced sexual harassment or abuse in the workplace, contact an attorney immediately. At The Kaufman Law Firm, we are dedicated to helping those who have faced this kind of behavior in the workplace secure the compensation they deserve. This can include:

  • Pain and suffering damages
  • Lost wages and benefits
  • Reinstatement if necessary and desired
  • Compensation for any needed counseling
  • Possible punitive damages against those responsible

When you need a Los Angeles sexual harassment attorney, you can contact us for a consultation by clicking here or calling us at 310-981-3404.



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