New Law Ends Mandatory Arbitration for Sexual Assault and Sexual Harassment Claims

Christopher Markos - Social w logo

PHILADELPHIA, PA, March 23, 2022 – Facebook and Google may have stopped requiring arbitration for workplace sexual assault and harassment claims but forced arbitration clauses have been the standard for a majority of employment claims.  The Economic Policy Institute reports that approximately 56 percent of non-union private-sector employees are subject to mandatory individual arbitration procedures; this translates into approximately 60 million American workers. 

Forced arbitration clauses often result in an employee being required to go through a private proceeding with his or her employer after bringing an accusation of workplace sexual assault or harassment. Even though arbitration clauses do not prevent employees from going to the police in the case of a serious crime, companies often make signing an arbitration clause a condition of keeping or getting a job.  It is not unusual to see confidentiality clauses along with forced arbitration clauses, all of which can discourage the employee from reporting the misconduct. 

On March 3, 2022 a landmark bill was signed into law by President Biden that will make it easier for individuals to pursue workplace sexual abuse and harassment claims by striking a blow to the pre-dispute arbitration agreements. The law amends the Federal Arbitration Act to prohibit enforcement of contract provisions that mandate pre-dispute arbitration or waive the right to bring a joint, class or collective action in cases that involve workplace sexual assault and harassment disputes.

The new law, H.R. 4445, “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act”, applies to any such disputes that arise after March 4, 2022.  The law broadly defines a pre-dispute arbitration agreement as “any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement”.  A “sexual assault dispute” is defined as a dispute involving a nonconsensual sexual act or sexual contact, including when a victim lacks capacity to consent. A “sexual harassment dispute” is a dispute relating to conduct that is alleged to constitute sexual harassment under applicable federal, tribal or state law. Sexual harassment disputes include unwelcome sexual advances; unwanted physical contact that is sexual in nature, including assault; unwanted sexual attention, including unwanted sexual comments and propositions for sexual activity; conditioning professional, educational, consumer, health care, or long-term care benefits on sexual activity and retaliation for rejecting unwanted sexual attention. Notably, if the parties disagree as to whether the law covers a particular dispute, the determination is one for a federal court and not an arbitrator.

By eliminating mandatory arbitration clauses this law is one additional step towards enabling victims to publicly hold their abusers accountable in court if they choose.

Williams Cedar represents employees in workplace sexual harassment and assault cases. You can request a free consultation by contacting us.

Shauna Friedman Joins “The Power of Attorney” Podcast to Discuss Edna Mahan Prison Abuse Case

Shauna Friedman - Power of Attorney Podcast

Shauna Joined Fellow Rutgers Law Alum and EMCF Co-Counsel Oliver Barry

Haddonfield, February 28, 2022 (Williams Cedar Law Firm) — Williams Cedar attorney Shauna Friedman and Oliver Barry, co-counsel on the Edna Mahan prison abuse case, joined Co-Dean of Rutgers Law Kim Mutcherson on “The Power of Attorney” Podcast to discuss their career origins and the issues they encountered while litigating a sensitive and complex matter.

You can find links to the podcast on various mediums by clicking here.

Wrongful Conviction Lawsuit Filed After Released Prisoner Serves 30 Years

Civil Rights Law Firm Files Wrongful Conviction Federal Complaint

PHILADELPHIA, November 15 (Williams Cedar Law Firm) – Today, Williams Cedar filed a civil rights wrongful conviction federal complaint on behalf of Marcus Perez, who was released from prison in January, 2021, after serving more than 30 years for a shooting he committed as a teenager.

As alleged in the complaint, Perez pleaded guilty to a charge of murder only because the trial judge suggested that doing so would lead to a sentence that would render him eligible for parole after 15 years. As the judge later agreed, this advice was erroneous, as the crime for which Perez was convicted in 1990 carried a mandatory life sentence with no parole.

The complaint alleges that Perez’s attempts to appeal the sentence were frustrated because a lawyer then serving as an Assistant District Attorney wrongfully caused the transcript of the sentencing hearing to be altered so as to mischaracterize the judge’s advice. Perez was only able to establish the former ADA’s intent in 2019, when the District Attorney’s office reverse a longstanding policy, and permitted Perez’s attorneys to review its file, which contained a contemporaneous handwritten note from the former ADA that a “new and improved” transcript was needed. The District Attorney’s Office concurred with Perez’s argument that this newly discovered evidence required that Perez’s sentence be vacated, as his 1990 guilty plea was involuntary.

By opening its files and concurring in Marcus Perez’s request that his unfairly imposed life sentence be vacated, the District Attorney’s office took an important step toward providing him with long-awaited justice. This lawsuit aims to complete that process by obtaining compensation for Marcus’s suffering and inappropriate punishment.

Gerald Williams

Founding Partner, Williams Cedar, LLC

The wrongful conviction lawsuit seeks damages against the former ADA under 42 U.S.C Sec. 1983, a federal civil rights statute, and against Perez’s original defense attorney who failed to correct the trial judge’s advice, or inform Perez of its consequences.

Williams Cedar partner Gerald Williams said, “By opening its files and concurring in Marcus Perez’s request that his unfairly imposed life sentence be vacated, the District Attorney’s office took an important step toward providing him with long-awaited justice. This lawsuit aims to complete that process by obtaining compensation for Marcus’s suffering and inappropriate punishment.”

Stu Bykofsky, a former columnist with The Philadelphia Daily News and The Philadelphia Inquirer, covered Mr. Perez’s case with almost a dozen columns going back to 2011. Read his post about this latest development.

About Williams Cedar

Williams Cedar has a proven track record of protecting the personal, civil, and consumer rights of clients throughout the country, and New Jersey and Pennsylvania in particular. From personal injury cases and civil rights cases to individual and class action environmental toxic tort cases, our diverse and experienced legal team has an extensive understanding of the law and what it takes to secure maximum cash settlements for our clients.

$20.8 Million Settlement Agreement Announced in Prison Sexual Abuse Case

Williams Cedar was co-lead counsel in a $20.8 Million settlement in a case involving the prison sexual abuse and physical abuse of inmates at Edna Mahan Correctional Facility operated by the New Jersey Department of Corrections.

The $20,835,600 in damages and attorney fees will be distributed amongst women who were directly impacted by the prison sexual abuse and sexual misconduct at the Edna Mahan facility between 2014 and the date at which the settlement agreement was signed.

Previously in April of 2020, the Department of Justice had issued a Investigation Report that found that prison sexual abuse had been a longstanding problem at the prison that the administration had failed to address. The DOJ cited multiple examples of investigations, convictions, guilty pleas, etc. that are corroborative of the allegation supporting that overriding claim. This settlement also comes less than eight months after the trial court ruled that the plaintiffs satisfied the requirements for class-action treatment. The litigation alleged at its core that that inmates at the New Jersey’s only women’s prison were subjected to a longstanding and pervasive atmosphere of prison sexual abuse that had gone unchecked for years.

Also included in the settlement is the institution of body cameras to be worn by the NJDOC staff. This step was an important step in the development of safer confinement conditions in all NJDOC facilities moving forward.

Read the full NJDOC release.

Chistopher Markos Re-Appointed Chair of the Philadelphia Bar Association’s Civil Rights Committee

Christopher Markos - Social w logo

PHILADELPHIA, PA, March 11, 2021 – The Philadelphia Bar Association has re-appointed William Cedar associate Christopher Markos as Chair of its Civil Rights Committee for 2021.

Gerald Williams, partner at Williams Cedar, said, “We congratulate Christopher on his appointment and continued involvement in protecting civil rights for all Philadelphians. His role with the bar association reflects our firm’s reputation for leadership and commitment to public service.”

Mr. Markos has built a career in public interest advocacy. Along with two Williams Cedar colleagues, he was honored by the U.S. District Court for the Eastern District of Pennsylvania’s Prisoner Civil Rights Panel for service to hundreds of prisoners injured as a result of unconstitutional conditions in the Philadelphia Prison System. Christopher is a graduate of Rutgers University and received his J.D. from Rutgers Law School – Camden.

Christopher Markos said, “I am honored to be appointed by my peers to Chair the Civil Rights Committee for the Philadelphia Bar Association. In this role, I look forward to a year of service to the legal community and participating in the planning of an upcoming public forum for candidates for District Attorney of Philadelphia.”