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 GrantedIn 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 InapplicableIn Waiguchu v. Morgan Stanley & Co. LLC, No. 1:25-CV-7443-GHW, 2026 WL 892069 (S.D.N.Y. Apr. 1, 2026), the court, inter alia, held that plaintiff did not plausibly plead conduct constituting sexual harassment for purposes of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). In reaching this conclusion, the court…
Read More Allegations of Differential Treatment Based on Sex Was Not “Sexual Harassment” Sufficient to Trigger the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021In Memmer v. United Wholesale Mortgage, No. 23-CV-10921, 2026 WL 561393, at *8 (E.D. Mich. Feb. 27, 2026), the court, inter alia, granted defendants’ motion to compel arbitration and to dismiss plaintiff’s complaint, finding that plaintiff’s claims did not trigger the application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…
Read More Sexual Harassment Insufficiently Alleged; EFAA Inapplicable; Arbitration CompelledIn Toomey v. One Equity Partners, No. 24-CV-04088 (MMG), 2026 WL 458244 (S.D.N.Y. Feb. 18, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). Initially, the court held that “a plaintiff may invoke the EFAA to avoid a mandatory arbitration provision by plausibly alleging a claim of sexual…
Read More Sexual Harassment Sufficiently Alleged Under NYCHRL; Motion to Compel Arbitration Denied Under EFAAIn Kutagula v. Matterport, Inc., No. 25-CV-05383-NC, 2026 WL 478343 (N.D. Cal. Feb. 19, 2026), the court, inter alia, granted defendant’s motion to compel arbitration, finding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) did not apply. From the decision: Plaintiff’s allegations, while concerning if true and may describe sex…
Read More Allegations, While Concerning, Did Not Amount to Sexual Harassment Triggering EFAA Protection From Arbitration
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In Panchumarthi v. Tech Mahindra, No. 4:24-CV-01017-SDJ-BD, 2025 WL 3687142 (E.D. Tex. Dec. 15, 2025), the court held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) did not apply to plaintiff’s claims of discrimination (as opposed to sexual harassment). From the decision: Although the EFAA carves out some sex-discrimination claims,…
Read More Sexual Harassment Not Alleged; EFAA Did Not Apply to Sex Discrimination ClaimsIn Polen v. API Group Life Safety USA, LLC, No. 3:25-CV-1196-SI, 2025 WL 3251349 (D. Or. Nov. 21, 2025), the court broadly interpreted the (“EFAA”), and denied defendant’s motion to compel arbitration. The court summarized the facts as follows: Polen alleges that early in her employment she disclosed to Noblin that Polen was the victim…
Read More Court Interprets Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act; Denies Motion to Compel ArbitrationIn Mera et al v. SA Hospitality Group, LLC et al, No. 23 CIV. 3492 (PGG) (SDA), 2025 WL 3202080 (S.D.N.Y. Nov. 17, 2025) – in which plaintiff asserts claims of hostile work environment sexual harassment under the New York State and City Human Rights Laws, as well as wage & hour violations under the…
Read More EFAA Applies to Entire Case, Including Wage & Hour Claims; Motion to Compel Arbitration of FLSA & NYLL Claims ReversedIn Einkorn v. UMortgage, No. CV 25-2546, 2025 WL 3023412 (E.D. Pa. Oct. 29, 2025), the court held that plaintiff did not allege a “sexual harassment dispute” within the meaning of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401-402 (EFAA), such that the arbitration agreement she signed precluded…
Read More Non-Sexual Conduct Was Not “Sexual Harassment”; Arbitration Agreement Enforced