Labor/Employment,
Alternative Dispute Resolution
Jul. 30, 2025
The latest in the war on arbitration: implausible sexual harassment claims
See more on The latest in the war on arbitration: implausible sexual harassment claims
Anthony J. Oncidi
Partner
Proskauer Rose LLP
Labor & Employment Law Department
Fax: (310) 557-2193
Philippe A. Lebel
Partner
Proskauer Rose LLP
Labor & Employment Law Department
Phone: (310) 284-4558
Email: plebel@proskauer.com
UCLA SOL; Los Angeles CA
In 2022, then President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), 9 U.S.C. §§ 401 et seq. Under this statute, plaintiffs who signed arbitration agreements can elect to void them in "a case which ... relates to ... [a] sexual assault dispute or ... [a] sexual harassment dispute." Id. at § 402(a). Supported by sexual assault and domestic violence victims' rights organizations and the plaintiffs' bar, the EFAA...
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