Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA)

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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 Glazman v. Citigroup, Inc., No. 8:26-CV-1522-TPB-AEP, 2026 WL 2253820 (M.D. Fla. Aug. 5, 2026), an employment discrimination case, the court, inter alia, held that the arbitration agreement in question was enforceable, and that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) did not preclude its enforcement. The central issue in…

Read More Sexual Harassment Claims Insufficiently Alleged; Arbitration Agreement Not Precluded By EFAA
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In O’Donnell v. Magazzino Italian Art Foundation et al, No. 25-CV-2918 (JGLC), 2026 WL 880646 (S.D.N.Y. Mar. 31, 2026), the court – applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) – denied defendants’ motion to compel arbitration and stay the action. In sum, plaintiff asserts retaliation claims under Title…

Read More Applying EFAA, Court Denies Motion to Compel Arbitration of Male Plaintiff’s Retaliation Claims Arising From Complaints About Treatment of Women
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In 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 2021
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In Shaw v. Salesforce, Inc., No. 25-CV-01372-PAB-STV, 2026 WL 787990 (D. Colo. Mar. 20, 2026), the court, inter alia, rejected plaintiff’s contention that she was not required to arbitrate her hostile work environment claim, under the Ending Forced Arbitration Agreements Act (“EFAA”). After summarizing the black-letter law, the court applied it to the facts as…

Read More Hostile Work Environment Claim Must Be Arbitrated; EFAA Did Not Apply
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In 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 EFAA
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In 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 Cliff v. FreedomRoads, LLC, No. 3:25-CV-00296-CSD, 2026 WL 125625 (D. Nev. Jan. 16, 2026), the court denied defendant’s motion to compel arbitration under the Ending Forced Arbitration Act (“EFAA”). The court dismissed plaintiff’s hostile work environment claim. Defendant argued that this precluded the application of the EFAA. Not so, held the court: Defendant’s argument…

Read More Motion to Compel Arbitration of Retaliation Claim, Based on Reporting of Sexual Harassment, Denied Upon Application of EFAA
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In Garcia v. ECPI Univ. LLC, No. 2:25-CV-245, 2026 WL 66749 (E.D. Va. Jan. 8, 2026), the court held that plaintiff alleged a “sexual harassment dispute” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), and thus denied defendant’s motion to compel arbitration of plaintiff’s claim under Title IX…

Read More Sexual Harassment Claim Stated Under Title IX; Motion to Compel Arbitration Denied Under EFAA
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