Credit: Vitalii Vodolazskyi/Adone Stock Pa. Fed. Judge Declines Retroactive Application of Recent Law Limiting Forced Arbitration
The issue hinged on whether the claims arose when the plaintiff filed her complaint, or when she filed a discrimination charge with the state and federal employment oversight commissions.
August 14, 2024 at 03:06 PM
3 minute read
A federal judge in Pennsylvania granted Crothall Healthcare's motion to compel arbitration in a sex discrimination suit filed by a former employee, concluding the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was inapplicable to the dispute as the claims accrued prior to the law's enactment.
In an Aug. 13 opinion, U.S. District Judge Kelley B. Hodge of the Eastern District of Pennsylvania sided with Littler Mendelson client Crothall Healthcare, determining plaintiff Khadeira Rosser's agreement with her former employer was valid and enforceable, and she was therefore compelled to arbitrate her claims for retaliation, sex discrimination, and hostile work environment under Title VII of the Civil Rights Act of 1964, the Pennsylvania Human Relations Act (PHRA) and the Philadelphia Fair Practices Ordinance (PFPO).
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