In Smith v. Meta Platforms, Inc., 24 Civ. 4633 (JPC), 2025 WL 2782484 (S.D.N.Y. Sept. 30, 2025), the court held that a party invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) must actually allege facts that constitute sexual harassment. Here, the plaintiff did not: To determine whether this…
Read More Non-Sexual Gender Discrimination Did Not Trigger EFAA’s Arbitration BarIn Lambert et al v. New Start Capital LLC et al, 1:24-cv-8055-GHW, 2025 WL 2295254 (S.D.N.Y. August 7, 2025), the court addressed a novel legal questions regarding the relatively new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). In sum, one plaintiff – Lambert, a Black woman – alleges that she was…
Read More SDNY Interprets the EFAA to Apply to Sexual Harassment & Related Wage-and-Hour Claims, But Not to Third Plaintiff’s Claims Unrelated to Sexual Harassment ClaimsIn Hickman v. City of New York, No. 158494/2024, 2025 WL 2161731 (N.Y. Sup Ct, New York County July 30, 2025), the court granted defendant’s motion to dismiss plaintiff’s claim of sex-based associational discrimination under the New York City Human Rights Law. From the decision: Even if not barred by the general release, Plaintiff’s associational…
Read More Court Rejects Sex-Based Associational Discrimination Claim Under the NYC Human Rights LawIn Bulic v. Celebrity Cruises, Inc., No. 25-21231-CIV-ALTONAGA/Reid, 2025 WL 1783865 (S.D.Fla. June 27, 2025), the court denied defendant’s motion to compel arbitration, based on its interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). The court summarized the facts as follows: This case arises from an alleged incident of nonconsensual…
Read More Court Denies Motion to Compel Claims Arising From Alleged Cruise Ship Sexual Assault; Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act AppliedIn McCabe v 511 West 232nd Owners Corp., No. 91, 2024 N.Y. Slip Op. 06290, 2024 WL 5126078 (N.Y., Dec. 17, 2024), the New York Court of Appeals held, as a matter of first impression, that a co-op board’s refusal to transfer a building unit to a shareholder’s partner because they were not married did…
Read More NY Court of Appeals: Co-Op Board’s Declining to Treat Deceased Shareholder’s Unmarried Partner as “Spouse” Did Not Constitute Discrimination Based on “Marital Status” Under the New York City Human Rights Law