Arbitration instead of litigation remains an option for employees who allege sexual harassment, despite a recent law banning the enforcement of pre-dispute pacts for sexual-harassment and sexual-assault claims.
While an employer can note that this is an option, it should do so carefully.
In describing the potential benefits of arbitration, employers should make sure not to mislead employees about it, said Kevin White, an attorney with Hunton Andrews Kurth in Washington, D.C.
