2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

By Lisa Haldar and Allegra Lawrence-Hardy ( October 26, 2026, 5:08 PM EDT) -- In 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act gave employees with qualifying sexual harassment or sexual assault disputes the right to elect out of an arbitration agreement. Four years later, the U.S. Court of Appeals for the Second Circuit has answered an important question left in the wake of that change: What happens to the rest of an employee's case?...

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