TO PREEMPT OR NOT TO PREEMPT – NEW JERSEY COURT FINDS BAN ON MANDATORY ARBITRATION CLAUSES NO LONGER ENFORCEABLE FOR SEXUAL HARASSMENT/ASSAULT CLAIMS

By Jean Schroll Knapp, Esq. In the most recent New Jersey case addressing the interplay between the New Jersey Law Against Discrimination (“LAD”) and the Federal Arbitration Act (“FAA”), an Essex County Judge found that, following the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, the FAA no longer preempts Section […]