Compliance Stuff

On February 25, 2026, the U.S. Court of Appeals for the Sixth Circuit  ruled  in  Bruce v. Adams and Reese, LLP  that employers cannot compel arbitration of a case under a mandatory pre-dispute arbitration agreement when an employee or former employee sues on multiple claims and at least one of them is for sexual assault and/or sexual harassment. Under the  Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) , mandatory pre-dispute arbitration agreements are invalid with respect to sexual assault or sexual harassment disputes. 0:00 6:57 Quick Hits In  Bruce v. Adams and Reese ,  LLP , a former employee sued a law firm for disability discrimination, retaliation, sexual harassment, and hostile work environment. The Sixth Circuit recently concluded that a mandatory pre-dispute arbitration agreement is voidable when a plaintiff brings multiple claims in a case that includes sexual harassment and/or sexual assault. This is ...

  Real World Impact :   A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s employment-related claims before both a judge and arbitrator. Background New Jersey Bergen County Superior Court Judge John O’Dwyer recently ruled in  Paton v. Davis Saperstein  that some employee claims against an employer must be arbitrated, but other claims relating to sexual harassment had to be litigated. As explained below, the court’s decision on how to apply the federal EFAA is contrary to court decisions in other states. In 2022, in response to the #MeToo movement, President Biden signed the EFAA, which amends the Federal Arbitration Act (FAA) to prohibit mandatory arbitration of sexual harassment and assault claims. Specifically, the law renders a pre-dispute arbitration agreement or joint action waiver unenforceable in a case that ...