Congress has passed legislation invalidating and rendering mandatory arbitration clauses unenforceable in cases relating sexual harassment or sexual assault disputes. With passage, the bill was sent to the White House where President Biden is expected to sign it into law. Once enacted, it will apply to “any dispute or claim that arises or accrues on or after the date of enactment,” meaning it will not retroactively apply to ongoing arbitrations but will take immediate effect going forward.  To invoke the protections of the bill and nullify a mandatory arbitration provision as to the entire case, employers with mandatory arbitration provisions may start to see claims of sexual harassment or sexual assault inserted into cases primarily concerning other protected categories or activities. Although the legislation doesn’t invalidate a mandatory arbitration clause in any context, employers should still review their mandatory arbitration agreements and consider revising them to carve out sexual harassment or assault claims.