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ARTICLE · 15 OCTOBER 2024

No Arbitration Even If Only One Claim Is Covered By EFAA

Seyfarth Shaw LLP
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The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA") renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment.

United StatesEmployment and HR
Ashley N. Arnett
Ashley N. Arnett
Joshua Rodine
Joshua Rodine
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Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA") renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment. The California Court of Appeal recently held that the plain language of the EFAA exempts a plaintiff's entire case from arbitration where the plaintiff asserts at least one claim subject to the EFAA. Yongtong Liu v. Miniso Depot CA, Inc.

Facts

Yongtong Liu ("Liu") sued her employer, Miniso Depot CA, Inc. ("Miniso"), for various employment-related claims, one of which was sexual harassment. Liu also asserted wage and hour and retaliation claims, and that she was constructively discharged.

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