The bill introduced by Representative Newell enacts a new section, R.S. 23:861, within Part III of Chapter 8 of Title 23 of the Louisiana Revised Statutes of 1950, which addresses pre-dispute arbitration agreements specifically related to claims of sexual harassment in the workplace. The legislation prohibits employers from requiring employees or prospective employees to enter into such arbitration agreements as a condition of employment or continued employment. This aims to protect individuals from being compelled to arbitrate claims of sexual harassment before any incidents occur.
However, the bill does allow for an exception where an employer and employee may agree to arbitrate claims of sexual harassment after the claim has arisen. This provision ensures that while pre-dispute arbitration agreements are generally prohibited in this context, parties still have the option to resolve disputes through arbitration if they mutually consent after the fact.