Brent D. Hockaday, partner with Bell Nunnally in Dallas. Courtesy photo #MeToo Takes a Bite Out of Arbitration
Effectively, the EFAA prohibits compulsory arbitration of sexual harassment or civil sexual assault cases arising from workplace conduct. Instead, the EFAA gives the employee the choice to go to court to pursue these specific claims despite the existence of an overarching agreement to arbitrate all claims.
March 31, 2022 at 08:30 PM
5 minute read
Analysis
In a surprising move, President Joe Biden signed into law the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (https://www.congress.gov/bill/117th-congress/house-bill/4445/text?r=1&s=1). This article analyzes the law itself and looks at open-ended questions involving its scope, including how courts are likely to manage litigation involving arbitrable and non-arbitrable claims.
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