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
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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