U.S. Appeals Court Affirms Broad Implications of EFAA, Shifting Employer Litigation Strategies
In a pivotal decision on September 30, 2026, the U.S. Court of Appeals for the Second Circuit clarified the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), significantly impacting employer litigation strategies. The court held that when an employee invokes the EFAA, a pre-dispute arbitration agreement is rendered unenforceable…