Can a Cruise Ship Operator Force Its Employees to Arbitrate Sexual Assault Complaints?

Not all personal injury lawsuits are the result of accidents. Many cases involve intentional, and often criminal, conduct that leaves the victims with long-term physical and psychological damage. For example, if you have been the victim of sexual assault, you can file a personal injury lawsuit against your attacker, as well as anyone else whose negligence may have contributed to the attack.

Judge Rejects Celebrity’s Efforts to Dismiss Lawsuit

One issue that we have seen in Florida’s cruise industry is a rise in the number of lawsuits arising from alleged sexual assaults on ships. These complaints are not just coming from passengers. They are also coming from shipboard staff, who not only face the burden of proving their case but also getting their case to court in the first place.

A recent decision from a federal judge here in Miami, Bulic v. Celebrity Cruises, Inc., helps to illustrate the problem. The plaintiff in this case is a Serbian citizen hired to work on the Celebrity Constellation cruise ship. During her employment, the plaintiff alleged that a manager had “nonconsensual” sexual contact with her while she was passed out following a crew party. When the plaintiff reported what happened to Celebrity, she said the company reassigned the manager but took no other disciplinary action.

The plaintiff subsequently filed a lawsuit against Celebrity alleging it was negligent in failing to “maintain a safe working environment.” Celebrity responded by moving to enforce an arbitration agreement that was part of the plaintiff’s employment contract with the company. Celebrity further maintained that under this arbitration agreement, it was up to an arbitrator, not the court, to decide whether the plaintiff’s claims were subject to arbitration.

The judge disagreed. While these types of employee arbitration agreements are generally enforceable under federal and Florida law, the judge held that the plaintiff’s allegations fall under a notable exception to that rule. In 2022, Congress passed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.” As the title suggests, this law bars employers from enforcing pre-dispute agreements requiring employees to submit complaints related to sexual assault or sexual harassment to arbitration. Even if, as here, the employee had signed such a pre-dispute agreement, the statute allows her to repudiate that consent and proceed with her case in court.

Celebrity argued the 2022 statute only applied to “claims brought under statutes that explicitly prohibit sexual assault and sexual harassment,” and not federal maritime law, which was the basis for the plaintiff’s lawsuit. The judge flat-out rejected that argument, noting there was no such requirement in the 2022 statute. All the plaintiff had to do to avoid arbitration was bring a claim under federal law that “relates to a sexual assault dispute,” which she did.

Contact a Miami Cruise Ship Accident Lawyer Today

Cruise ship companies are notorious for using every legal weapon at their disposal to avoid accountability to passengers and employees injured due to their negligence. Our experienced Miami cruise ship accident lawyers can help you fight back and seek the compensation that you deserve. Contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.

Source:

scholar.google.com/scholar_case?case=6465962596707893387