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Alternative Dispute Resolution

Oct. 21, 2026

Ending Forced Arbitration Act: Where sexual assault and harassment claims stand

Plaintiffs' attorneys are stretching the EFAA beyond its intended purpose to evade otherwise enforceable arbitration agreements, while courts remain divided over how far the statute's protections extend.

Anthony J. Oncidi 

Partner
Proskauer Rose LLP

Labor & Employment Law Department

Phone: 310-284-5690

Email: aoncidi@proskauer.com

See more...

Hayden F. Bashinski

Associate
Proskauer Rose LLP

See more...

Ending Forced Arbitration Act: Where sexual assault and harassment claims stand
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Although it was signed into law more than four years ago, the self-descriptive Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) (9 U.S.C. §§ 401-02) continues to produce new challenges and novel rulings by courts across the country.

For example, in Kerim v. ABM Industries Inc., 2026 WL 2030769 (S.D.N.Y. July 13, 2026), the district court held the EFAA did not preclude arbitration of an employment retaliation claim premised on an internal...

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