Thompson Hine Meets Wary Second Circuit in Partner’s Bias Case

A New York federal appeals court cast doubt on Thompson Hine LLP’s argument that a fired partner’s discrimination and retaliation claims need an element of sexual misconduct to escape her arbitration pact.

The outcome of the case before the US Court of Appeals for the Second Circuit could add to precedent shaping the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), a federal law that bans mandatory arbitration of workplace sexual misconduct and harassment claims.

The law doesn’t appear to require allegations of lewd workplace conduct to avoid arbitration, a three judge-panel said during ...