Brink’s NJ Arbitration Push Runs Into Federal Sexual Assault Law

Security giant Brink’s Inc. must convince a New Jersey judge that an employee’s hostile work environment claim is subject to binding arbitration despite federal law keeping sexual assault claims in open court.

In a case of first impression, the state appeals court sent a worker’s case back to trial court for further analysis into whether the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 prohibits mandatory arbitration over sexual harassment.

The trial court must decide whether to follow Brink’s “nuanced argument” that the employment claim is not “precluded from arbitration under the EFAA because her ...