Does the Federal Arbitration Act Preempt State Laws Banning the Mandatory Arbitration of Sexual Harassment Claims?

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Program ID: 18PRW011

Does the Federal Arbitration Act Preempt State Laws Banning the Mandatory Arbitration of Sexual Harassment Claims?
  • Date:

    Always Available
  • Duration:

    Self Paced
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Recorded Webinar


Online Course

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30 Minutes

Recent New York State law prohibits mandatory arbitration provisions in sexual harassment claims. The law also makes mandatory arbitration clauses for sexual harassment claims in existing contracts null and void (collective bargaining agreements are excepted, according to current understanding). This webinar, and a companion article in the current issue of the AAA’s Dispute Resolution Journal, examine the NY State law in light of recent US Supreme Court decisions that take a different view of the issue, examine its enforceability and the viability of expected legal challenges to this portion of the NYS law, and consider the tension of this and other state laws barring arbitration when the Supreme Court is issuing decisions that are pro-arbitration.  

This timely, comprehensive presentation examines the following areas:

  • new state laws that ban the mandatory arbitration of sexual harassment claims;
  • Supreme Court of the United States decisions that call for a broad and liberal application of the Federal Arbitration Act (FAA);
  • the preemption doctrine and its application to the FAA;
  • predicting the future course of mandatory arbitration of sexual harassment claims. This webinar is for arbitrators, advocates, parties, academics, and anyone interested in the latest judicial developments affecting arbitration.

This program does not qualify for the AAA's annual Arbitrator Continuing Education (ACE) requirement.

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CLE Information:

CLE is currently not offered on AAA recorded webinars.  Some jurisdictions will allow CLE credit for online programs, and we suggest that you confirm CLE credit availability for this type of program with the appropriate state CLE regulator.  A Certificate of Attendance will be provided upon request.

Questions? Please contact AAA Education Services at or 212-716-3977.