On December 7, NELA joined Public Justice and six other civil rights organizations in filing an amicus brief in support of workers seeking to remove claims from arbitration under the 2021 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act).  The brief stems from a suit filed by former employees of Everyrealm, alleging sexual harassment, disability discrimination, racial discrimination, and pay inequity.  Defendants argued that only the sexual harassment claims were exempt from arbitration.  The brief examines the plain language of the statute, arguing that “(I)n sum, the text and legislative history of the Act could not be clearer that, when a lawsuit “relates to” a “sexual assault dispute,” the entire “case” cannot be forced into arbitration. And the practical realities of workplace discrimination and litigation underscore why Congress made that choice. Therefore, to the extent the Court finds that Mr. Johnson’s and Ms. Yost’s cases each relate to a sexual harassment dispute, their claims cannot be separated, and the entire cases must be litigated in court if they elect to do so.”  We are grateful to NELA members Shelby Leighton and Karla Gilbride at Public Justice for drafting the brief. … Read More