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All or Nothing? Second Circuit Clarifies Scope of Sexual Harassment Arbitration Law (US)

A recent decision by the United States Court of Appeals for the Second Circuit clarified the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”), with significant implications for employers in New York, Connecticut, and Vermont seeking to enforce arbitration agreements. On September 30, 2026, in Diaz-Roa v. Hermes Law, … Continue Reading

Sixth Circuit Addresses Arbitrability of Individual Claims in Sexual Assault and Harassment Claims (US)

As we previously reported here and here, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act (“FAA”) by invalidating clauses in employment agreements mandating arbitration of sexual harassment and sexual assault cases. The EFAA permits a claimant in a sexual assault or sexual harassment case … Continue Reading

Eighth Circuit Clarifies Arbitrability of Sexual Harassment Claims (US)

As we have previously reported, in early 2022, Congress passed and President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a law that bans mandatory arbitration of certain sexual assault or sexual harassment claims. Since its enactment, we have tracked some of the procedural challenges … Continue Reading
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