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Appellate court reversed trial court's decision, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 does not apply because the harassment and constructive discharge occurred before the Act's effective date, allowing the mandatory arbitration provision to stand.
The Plaintiff brought suit against her former employer, alleging sexual harassment by her supervisor and claiming constructive discharge. The Employer moved to compel arbitration based on a provision in the Plaintiff's employment agreement. The Plaintiff responded by invoking the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which the trial court concluded invalidates the mandatory arbitration provision. We reverse the trial court's decision because the harassment of the Plaintiff and her constructive discharge occurred prior to the effective date of the Act.
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