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ARTICLE · 21 MAY 2024

Disputing What 'Dispute' Means: Courts Debate When Ending Forced Arbitration Act Applies

Jackson Lewis P.C.
Jackson Lewis P.C.
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Jackson Lewis P.C.

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The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault...

United StatesEmployment and HR
Scott P. Jang
Scott P. Jang
Samia M. Kirmani
Samia M. Kirmani

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however, applies only to a "dispute or claim" relating to sexual assault or harassment that "arises or accrues" on or after March 3, 2022. What constitutes a "dispute" and when does it "arise"? Those terms are not defined in the EFAA.

These are the questions, among others, that courts have grappled with when determining the EFAA's applicability.

Eighth Circuit

The U.S. Court of Appeals for the Eighth Circuit is the most recent appellate court to take up the issue.

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