The United States Court of Appeals for the Second Circuit in the Southern District of New York. Photo: Ryland West/ALM Southern District Confirms Broad Scope of the 'Ending Forced Arbitration Act'
A discussion of how Southern District Judge Ronnie Abrams confirmed the broad scope of the 'Ending Forced Arbitration Act.' In denying a motion to compel arbitration, the court made clear that 'sexual harassment' can include any "unwanted gender-based conduct."
September 26, 2023 at 10:00 AM
10 minute read
Columns
On Aug. 1, 2023, Judge Ronnie Abrams of the Southern District of New York stood on the side of women by confirming that the Ending Forced Arbitration Act (EFAA)—the new law that exempts from secret arbitration any claim of "sexual harassment" or "sexual assault"—goes beyond protecting employees only in cases of rape, assault, or blatant sexual advances.
Lawrence Pearson In denying a motion to compel arbitration of the claims of Barbara Delo, a former costume supervisor for Paul Taylor Dance Company, the court made clear—if any doubt remained—that "sexual harassment" under the EFAA does not mean only sexual assaults, sexual advances or requests for sexual favors, but can include any "unwanted gender-based conduct."
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