Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (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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In 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
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In Twedell v. Senior Living Management Group, LLC, No. 6:25-CV-03214-MDH, 2025 WL 2988461 (W.D. Mo. Oct. 23, 2025), the court denied defendant’s motion to dismiss plaintiff’s claim for sexual harassment under Title VII of Civil Rights Act of 1964, and, upon applying the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021…

Read More Sexual Harassment Sufficiently Alleged; Motion to Compel Arbitration Denied
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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 Bar
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In Kelly v. Rosenberg & Estis, P.C. et al, 25-cv-4776 (CM), 2025 WL 2709157 (S.D.N.Y. Sept. 23, 2025), the court, inter alia, held that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021  (EFAA) applied to plaintiff’s entire case – which included her allegations of sexual harassment – and thus denied…

Read More Sexual Harassment Claim Made Out Under NYCHRL; EFAA Applied to Entire Case; Motion to Compel Arbitration Denied
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In Smith v. Boehringer Ingelheim Pharmaceuticals, LLC, 2025 WL 2403042 (D.Conn. Aug. 19, 2025), the court granted the defendant’s motion to compel arbitration of plaintiff’s sex-based hostile work environment claim under Title VII of Civil Rights Act of 1964. Specifically, the court held that plaintiff’s claims did not implicate the protections of the Ending of…

Read More Sex-Based Hostile Work Environment Not Plausibly Alleged, EFAA Did Not Apply, Arbitration Compelled
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In 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 Claims
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