Connecticut State Capitol building in Hartford. Photo by Michael Marciano/ALM Connecticut General Assembly: Ban Pre-Dispute Jury Trial Waivers
The U.S. Supreme Court's warped interpretation of the Federal Arbitration Act means there's nothing our General Assembly can do to blunt the scourge of forced arbitration.
October 05, 2022 at 01:02 PM
2 minute read
EditorialsIn a previous editorial we celebrated the enactment of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which allows employees and other plaintiffs to void pre-dispute arbitration clauses for disputes alleging sexual assault or sexual harassment. As we explained, this new law "means sexual assault and sexual harassment claims that arise or accrue after [the] March 3, 2022 [effective date] can be pursued in court, with all the public scrutiny that entails."
This new federal law does not mean, however, that sexual assault and sexual harassment claimants will be able to present their claims to a jury of their peers. That is because many employers require their employees as a condition of employment to sign not only arbitration clauses, but also jury trial waivers. And pre-dispute jury trial waivers, our Supreme Court has held, are enforceable as a matter of Connecticut law. L & R Realty v. Conn. Nat'l Bank, 246 Conn. 1, 16 (1998).
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