Labor & Employment Developments Blog

Many employers include mandatory arbitration agreements as a standard part of onboarding, expecting that workplace disputes will be resolved outside of court.  A recent decision from the Sixth Circuit, however, underscores an important—and expansive—limitation on those agreements when sexual harassment is alleged.

Most employers understand that unfair labor practices during a union organizing campaign carry significant legal consequences. In recent years, the National Labor Relations Board (NLRB) had ordered employers who engaged in unfair labor practices to bargain with a union regardless of whether the union won the election. In a decision issued on March 6, 2026, the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) limited the NLRB’s ability issue such bargaining orders, rejecting the NLRB’s recently announced Cemex framework for ordering employers to recognize and bargain with unions.