A couple of recent events have made it easier for Tennessee employees and workers all across America who have experienced sexual assault in the workplace. A recent Supreme Court ruling has made it possible for a jury trial even if the signed contract stipulated arbitration instead of a jury trial. One problem with arbitration is the removal of the arbitrator from the adversities of everyday life whereas a jury is made up of individuals from all segments of society. Another is that often the arbitrator is chosen by the defendant leaving significant question as to impartiality.
Senator Al Franken introduced a bill that was passed by the Senate restricting funds to contractors who demand arbitration instead of trial by jury for their employees in instances of sexual assault. Senator Russ Feingold introduced legislation in April that would invalidate many clauses of binding arbitration and send many disputes involving civil rights, employment and consumer rights back to the courts.
If you have an employment law issue contact the Higgins Firm at 800.705.2121 or at HHPFirm.com.