Sexual Harassment

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 Fortmann v. St. John’s University, No. 24-CV-5494 (NRM) (LKE), 2026 WL 2927762 (E.D.N.Y. Sept. 29, 2026), the court, inter alia, held that plaintiff sufficiently alleged retaliation claims under Title VII of the Civil Rights Act of 1964, Title IX, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Retaliation Claims Survive Dismissal; Allegations Included Limitations on Research Funds Following Rejection of Sexual Advances
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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 Hardmon v. SNF Mor LLC d/b/a Avardis Health et al, No. 4:25-CV-203-DMB-JMV, 2026 WL 2970552 (N.D. Miss. Sept. 30, 2026), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s sexually hostile work environment claim under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law, the court applied it…

Read More Title VII Sexual Harassment Claim Dismissed; Comments About Sex Drive Etc. Insufficient
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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 Raylane v. Integra Staffing Services, Inc. & Republic Services, Inc., No. 3:24-CV-3051-X, 2026 WL 2790785 (N.D. Tex. Sept. 17, 2026), the court, inter alia, held that plaintiff sufficiently alleged retaliation under Title VII of the Civil Rights Act of 1964. The court summarized the facts as follows: Integra provides temporary staffing to various companies,…

Read More Title VII Retaliation Claims, Arising From Termination Following Complaint of Alleged Sexual Harassment, Sufficiently Alleged Against Staffing Agency & Company
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In Delancey v. Justin Wells, Fox Corporation, & Fox News Network, LLC, No. 23 CIV. 10357, 2026 WL 2689395 (S.D.N.Y. Sept. 14, 2026), a sexual harassment case, the court, inter alia, discussed and applied the vicarious liability provision of the New York City Human Rights Law, specifically N.Y.C. Admin. Code § 8-107(13)(b)(1), which provides that “an…

Read More Court Applies NYC Human Rights Law’s “Managerial or Supervisory Responsibility” Vicarious Liability Provision; Finds Triable Issue of Fact
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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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