Labor/Employment
Sep. 10, 2026
When discovery changes the forum: The 9th Circuit's EFAA ruling and what follows
The 9th Circuit's Ding decision clarifies when later-discovered sexual harassment claims can shift a case from arbitration to court, while making knowledge and waiver central to the forum analysis.
The 9th U.S. Circuit Court of Appeals has held that an employee who starts arbitration on other claims does not forfeit the right to move a later-discovered sexual harassment case into court. Ding v. Structure Therapeutics, Inc., No. 25-1532 (2026), decided Aug. 19, is the court's fullest treatment of the timing question at the center of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, known as the EFAA.
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