Don’t Make Harassment Claims Subject to Arbitration
Harassment claims should not be subject to mandatory arbitration, despite the Supreme Court's decision approving arbitration agreements that waive employees' right to join a class action, according to Noah Finkel, an attorney with Seyfarth Shaw in Chicago.
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As many people prefer the privacy of arbitration, those individuals can always volunteer to handle their claim that way, she observed. Making arbitration of harassment claims voluntary rather than mandatory can avoid protecting repeat offenders, she noted.
Arbitration can make it much easier for employees to bring claims, since it's so much less expensive than litigation, noted Anthony Haller, an attorney with Blank Rome in Philadelphia.
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"Don’t Make Harassment Claims Subject to Arbitration," by Allen Smith, J.D. was published in the Society for Human Resource Management on June 1, 2018.