ANALYSIS: Courts Wrestle With EFAA Scope, Straddling Claims

Sexual harassment and sexual assault claims are exempt from arbitration under a recently enacted carve-out to the Federal Arbitration Act. But the few cases that have been decided on the merits since the law’s effective date have reached mixed results as to where the claims ultimately will proceed.

Some courts have split claims that encompass multiple substantive areas or that span the time before and after the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, sending some claims or parts of claims to arbitration, while keeping others in court. Other courts have decided on litigation ...