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Forced Arbitration After Sexual Harassment in Pittsburgh: What Changed, Who Gets to Choose, and Why It Matters

You accepted the job. You signed the paperwork. Somewhere in that stack of onboarding documents was a mandatory arbitration clause. Most people do not notice it.

That clause said, in effect: if you ever have a legal dispute with this employer, you waive your right to go to court. Any claim gets resolved privately, through arbitration, in a confidential process with no jury and no public record.

For years, that clause held, and employees who experienced sexual harassment and wanted legal recourse were steered away from courtrooms and into a private process that statistically favored employers. Congress changed that in 2022. At Kennedy Law, we help Pittsburgh employees understand what that change means for them and whether it applies to their situation.

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What Is a Forced Arbitration Agreement?

Arbitration itself is not inherently unfair. It is a form of private dispute resolution that can be faster and less expensive than litigation in some contexts.

Forced arbitration is different. It is a condition of employment — a take-it-or-leave-it clause signed before any dispute arises. You waive your right to sue in court. These agreements became standard across American workplaces over the past few decades.

According to research cited in federal legislative debates, roughly 60 million workers in the United States are covered by mandatory arbitration agreements.

For employees who experienced sexual harassment, that created a real barrier. The limited discovery available in arbitration made it harder to build a case. The private process meant the employer faced no public scrutiny. And awards in arbitration tend to run lower than those obtained in court.

What the 2022 Law Changed for Pittsburgh Employees

In March 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, the first major amendment to the Federal Arbitration Act in over a century.

The law gives employees with sexual harassment claims the right to choose whether to pursue them in court, even if they previously signed a mandatory arbitration agreement. The employer can no longer enforce that clause against you for these claims. The choice is yours.

A few details matter:

  • The law applies to claims that arose on or after March 3, 2022. If the harassment continued into that period, or if retaliatory conduct followed a complaint made after that date, the law may apply even if some of the underlying conduct predates it.
  • The law applies to agreements already in existence. An arbitration clause you signed years before 2022 cannot be used to force you into arbitration on a post-March 2022 sexual harassment claim.
  • A court decides enforceability, not an arbitrator. Many arbitration agreements previously gave the arbitrator authority to decide whether the agreement was valid. Under the new law, a judge makes that call, even if the agreement says otherwise. This is a detail most employees are never told.
  • Class action waivers are also affected. If your agreement waived your right to join a class action, that waiver is also unenforceable for sexual harassment claims.
Forced Arbitration After Sexual Harassment in Pittsburgh

What About Related Claims?

Courts have interpreted the law to cover not just the harassment claim, but also related claims brought in the same case. Retaliation claims that followed a report of harassment have, in several decisions, been found to belong in court alongside the harassment claim rather than in arbitration.

Courts are still working through how broadly this applies. The outcome depends on the specific facts, the language of your agreement, and the jurisdiction. This is one area where getting the forum right at the outset matters.

Speak With a Pittsburgh Sexual Harassment Attorney

The 2022 law changed the rules, but knowing the rules and knowing how they apply to your specific agreement and claim are different things.

Attorney Nicholas Kennedy has litigated in federal and Pennsylvania state courts, before administrative agencies, and in arbitrations. He understands how employers use these agreements and what it takes to challenge them effectively.

If you experienced sexual harassment at a Pittsburgh-area workplace and are unsure whether an arbitration clause affects your options, contact Kennedy Law today at (412) 212-6465 for a confidential consultation.

Call today: (412) 212-6465

Frequently Asked Questions About Sexual Harassment Arbitration Agreements

Not necessarily. If the harassment occurred on or after March 3, 2022, federal law gives you the right to bring your claim in court regardless of what the agreement says. Your employer cannot force you into arbitration for those claims.

Courts look at when the claim accrued. For ongoing harassment, that can include the most recent act in a continuing pattern. If the conduct continues into the post-March 2022 period, the new law may apply. An attorney can review the timeline of your specific situation.

Possibly. The law covers sexual harassment and sexual assault claims specifically. Unrelated claims may still be subject to arbitration under your agreement. However, retaliation claims connected to the harassment have, in several court decisions, been found to stay in court as part of the same case.

That option remains. The law gives you the choice but does not require you to go to court. If arbitration is your preference, you can elect it. The difference is that the decision is now yours, not your employer’s.

You generally have 300 days from the discriminatory act to file a charge with the EEOC. The PHRC has separate deadlines that affect which remedies are available. These do not pause while you are deciding how to proceed.

Retaliation for asserting legal rights is itself a violation of federal and Pennsylvania law. If your employer takes adverse action against you for refusing arbitration or for filing a claim in court, that conduct may give rise to an additional legal claim.