Stronger - Not Together: The Needed Elimination of Mandatory Arbitration for Sexual Misconduct Claims Against the United States Olympic & Paralympic Committee & International Olympic Committee

Authors

Peri L. Ayzidor, Benjamin N. Cardozo School of Law

Abstract

Mandatory arbitration clauses have acted as litigation blocks in employment and commercial contracts for decades. The downfall of such clauses was catalyzed by the infamous trial of Olympic doctor, Larry Nassar. The grueling evidence and testimony sparked the creation of acts such as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act ("EFSASHA"), which barred the enforcement of mandatory arbitration clauses in claims involving sexual misconduct. Mandatory/forced arbitration clauses keep any claims made by employees or individuals private and limits their right to take a claim to court. Such clauses make it almost impossible for sexual misconduct survivors to speak publicly and tell their stories. Sexual misconduct survivors are forced to arbitration, rather than being able to directly file in court.

Disciplines

Dispute Resolution and Arbitration | Law

Recommended Citation

Peri L. Ayzidor, Stronger - Not Together: The Needed Elimination of Mandatory Arbitration for Sexual Misconduct Claims Against the United States Olympic & Paralympic Committee & International Olympic Committee, 26 Cardozo J. Conflict Resol. 299 (2024).
Available at: https://larc.cardozo.yu.edu/cjcr/vol26/iss2/7