Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (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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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 Claims
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In 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 Arbitration
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In 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 Reversed
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