Sexual Assault and Sexual Harassment Act – The Ending of Forced Arbitration

On this panel, our speakers will be providing a neutral, employer, and employee perspective of President Biden's Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the "Act"). Specifically, the speakers will provide their perspectives on mandatory arbitrations agreements, what the Act expressly now prohibits and allows, exceptions to its coverage, how to Act may affect mixed cases (i.e. sex discrimination and sexual harassment), and whether there are any immediate future developments that should be monitored.

Bill R. Hayden: Since 1972, Bill Hayden has been representing primarily employers of all sizes locally, regionally and nationally on all types of personnel and employment-related matters. His experience includes representing employers before state and federal courts as well as regulatory agencies, for example, the EEOC, the Dept of Labor, and the National Labor Relations Board and in private mediations and arbitrations. Typical issues Bill has handled over these years include employment discrimination, wrongful discharge, sexual harassment, breach of contract and disputes as well as advising corporations in the formulation and implementation of staff reduction programs that minimize legal exposure; drafting and implementing alternative dispute resolution policies and procedures to reduce litigation exposure; preparing Executive Employment Agreements and Executive Separation Agreements; litigating non-compete, non-solicitation, and other restrictive covenants; and assisting in the resolution of internal personnel complaints before they escalate into litigation.

Michelle Matheson: Michelle has significant employment and labor law experience in private practice and as a Director of Legal Affairs for America West Airlines and US Airways. Immediately following law school, Michelle served for two years as a law clerk for the Hon. Kathryn H. Vratil, U.S. District Court of the District of Kansas. In her capacity as Director of Legal Affairs for the airline, Michelle both defended and managed employment litigation across the United States. She has handled more than 200 grievance and arbitration hearings with the Airline Pilots Association, the Association of Flight Attendants, Communications Workers of America, the International Brotherhood of Teamsters, the International Association of Machinists and Aerospace Workers and the Office and Professional Employees International Union.

Alexis Pheiffer: Alexis is the Founder and Managing Member of the Law Office of Alexis Pheiffer, where she serves as a mediator and facilitator for employment, personal injury, and commercial disputes. Alexis has been an attorney for 20 years and has resolved hundreds of disputes, ranging from informal complaints and administrative charges to complex state and federal litigation in a variety of subject matter areas. Alexis began her legal career in Madison, Wisconsin, working in the employment law group of a large national law firm. She moved to Phoenix, Arizona in 2007 and continued in private practice first at a full-service law firm and later at an employment law boutique. Alexis served as PetSmart’s senior employment attorney from 2010-2017 and headed the employment and litigation teams at Sprouts Farmers Market from 2017-2021. During her time at Sprouts, Alexis managed a wide variety of litigated matters, ranging from wage and hour class actions and harassment and discrimination cases to general liability claims, securities litigation, false advertising, and contract disputes. For most of 2020, Alexis focused on compliance with the myriad COVID-19 laws, regulations, and guidance memoranda promulgated by federal, state, and local agencies, giving her extensive experience in COVID-19 response, and later, COVID-19 litigation. Alexis was named 2020’s Large Public Company In-House Counsel of the year by Arizona Business Magazine.