Motion to Compel Arbitration Denied

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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 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 Matima v. Bytedance Inc. et al, No. 25 CIV. 10213 (PAE), 2026 WL 2676497 (S.D.N.Y. Sept. 11, 2026), the court, inter alia, held that the plaintiff sufficiently alleged sexual harassment under the New York City Human Rights Law, and therefore, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021…

Read More Sexual Harassment Plausibly Alleged Under the NYC Human Rights Law, Resulting in Denial of Motion to Compel Arbitration Under the 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 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 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 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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