Credit: Song_about_summer/Adobe Stock Appellate Court Rejects Plaintiff's EFA Claims, Finding Sexual Assault Claims Accrued After Provision's Effective Date
"While the enactment of the EFA eliminated any conflict between the FAA and Section 12.7 as to sexual assault and sexual harassment claims that accrued on or after March 3, 2022, it did not eliminate the conflict for claims, such as plaintiff's, that accrued before that date," the opinion stated.
April 13, 2023 at 04:32 PM
4 minute read
In an unpublished opinion, the New Jersey Appellate Division held that although the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 resolved the conflict between the New Jersey Law Against Discrimination and the Federal Arbitration Act as to claims that accrued on or after March 2, 2022, it does not apply to claims that accrued before passage of the federal law.
According to the April 12 opinion, the plaintiff, Crystal Settle, appealed an order granting an application to compel arbitration and dismiss her complaint brought against her former employer, Securitas Security Services, and her former supervisor, Steven Medina. Settle worked for Securitas for about a month from mid-March through mid-April 2021 in Weehawken under Medina's supervision. As part of her employment, Settle signed a dispute resolution agreement.
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