Labor/Employment
Aug. 26, 2026
The EFAA opens another track to court
The Ninth Circuit's Ding decision holds that employees who initially pursue arbitration may still invoke the EFAA and take sexual harassment claims to court when those claims emerge later.
William Slomanson
Distinguished Professor Emeritus
Thomas Jefferson School of Law
Email: bills@tjsl.edu
A plaintiff demanded arbitration, according to her routine pre-dispute arbitration agreement. During the course of discovery, she uncovered evidence that her workplace mistreatment was gender-driven. So she withdrew from the arbitration. She then sued her former employer in a California superior court, alleging violations of the state's Fair Employment and Housing statute. Her amended complaint added claims for sex discrimination and harassment under California law
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