A set of Southern District of New York cases recently interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) which amended the FAA to preclude arbitration of a “sexual harassment dispute.”  Under the EFAA, enacted following the #MeToo movement, employees and others who signed pre-dispute arbitration agreements may pursue such claims against employers in courts.

Under the Act, a plaintiff cannot be forced to arbitrate any “case which…relates to a “sexual harassment dispute.” 9 U.S.C. §402.

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