Arbitration

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In Dave v. 1661, Inc., No. CV 26-01043 (ES) (ADS), 2026 WL 2969449 (D.N.J. Oct. 2, 2026), a pregnancy discrimination case, the court denied the defendants’ motion to compel arbitration or dismiss. Initially, the court held that the arbitration agreement was not nullified by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act…

Read More EFAA Did Not Nullify Arbitration Agreement; Pregnancy Discrimination Plaintiff Did Not Allege Conduct Constituting a “Sexual Harassment Dispute”
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In Brown v. Airbnb Inc., No. 2:26-CV-1608-SPC-NPM, 2026 WL 2982295 (M.D. Fla. Oct. 5, 2026), the court held that the Ending Forced Arbitration Act (EFAA), which invalidates otherwise valid arbitration agreements when a claim is “related to a sexual assault dispute or sexual harassment dispute” (9 U.S.C. § 402) (cleaned up), did not apply to…

Read More EFAA Did Not Invalidate Airbnb Arbitration Agreement, Court Holds
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In Diaz-Roa v. Hermes L., P.C., No. 24-3223-CV, 2026 WL 2931801 (2d Cir. Sept. 30, 2026), the U.S. Court of Appeals for the Second Circuit broadly interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). From the decision: In 2022, the President signed the [EFAA]. When properly invoked, the EFAA enables…

Read More 2nd Circuit Broadly Interprets the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
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In Elshabrowy v. Ali Awad Law, P.C. et al, No. 26-CV-50 (HG)(SDE), 2026 WL 2880879 (E.D.N.Y. Sept. 25, 2026), the court, inter alia, held that plaintiff sufficiently Alleged sexual harassment under the New York State and City Human Rights Laws and, therefore, has alleged a “sexual harassment dispute” within the scope of the Ending Forced…

Read More Sexual Harassment Sufficiently Alleged; Arbitration Precluded Under EFAA
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In C. N. v. Sigma Delta Tau Soc’y, No. 2025–13523, 2026 WL 2855525 (N.Y. App. Div. Sept. 23, 2026), the court addressed an issue of first impression, namely, whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (9 USC §§ 401, 402) can serve to prevent arbitration, notwithstanding an…

Read More EFAA Precludes Arbitration in Negligence Action, Arising From Alleged Sexual Assault at Fraternity Mixer, Against Sorority
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In Egbueje v. Epiq EDiscovery Solutions, Inc., No. 24 CIV. 6702 (LDH) (VMS), 2026 WL 2690659 (E.D.N.Y. Sept. 14, 2026), the court granted defendant’s motion to compel arbitration, finding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 (the “EFAA”) did not apply, since plaintiff did not plausibly allege that…

Read More Sexual Harassment Insufficiently Alleged; EFAA Did Not Apply; Arbitration Compelled
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In Rachana Chandra Sekara Reddy v. Genpact LLC et al, No. 2:25-CV-02138-DAD-JDP, 2026 WL 2529764 (E.D. Cal. Aug. 27, 2026), the court denied defendant’s motion to compel Arbitration of plaintiff’s employment discrimination claim, on the ground that the Ending Forced Arbitration Act (“EFAA”) applied.[1]Here, plaintiff asserted her claims under California state law; the author of…

Read More Ending Forced Arbitration Act (EFAA) Applied; Motion to Compel Arbitration of
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In Lane v. Salesforce, Inc., No. 25-CV-9707 (DEH) (HJR), 2026 WL 2364630, at *7 (S.D.N.Y. Aug. 14, 2026), the court, inter alia, held that plaintiff did not sufficiently allege sexual harassment under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights…

Read More Gender-Based “Differential Treatment” Insufficient to Constitute “Sexual Harassment” Triggering EFAA Application; Arbitration Compelled
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In Kerim v. ABM Industries et al, No. 24-CV-5599 (MMG) (HJR), 2026 WL 2030769 (S.D.N.Y. July 13, 2026), the court, inter alia, recommended that the court grant the defendants’ motion to compel arbitration under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”). From the decision: Even under the most liberal standard…

Read More EFAA Inapplicable, Motion to Compel Arbitration Granted
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In Carlton v. Nat’l Debt Relief LLC, No. 2:26-CV-00944 (WJM), 2026 WL 1430099 (D.N.J. May 21, 2026), the court, inter alia, granted defendant’s motion to compel arbitration, rejecting plaintiff’s claim that her sex discrimination, retaliation, and any related claims are exempt from mandatory arbitration by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…

Read More Arbitration of Sex Discrimination Claim Compelled; Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 Held Inapplicable
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