In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.
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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| # | Наименование новости | Тональность | Информативность | Дата публикации |
|---|---|---|---|---|
| 1 | 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy | 0 | 10.4 | 26-10-2026 |
| 2 | California Court Holds Sexual Orientation Harassment Claims Are Exempt from Arbitration Under the EFAA | 0 | 11.77 | 11-08-2026 |
| 3 | 2nd Circ. Eases Employer Defense Of Dress Code Rules | 0 | 8.17 | 19-10-2026 |
| 4 | Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit | 0 | 7.73 | 16-10-2026 |
| 5 | Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit | 0 | 7.73 | 16-10-2026 |
| 6 | Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit | 0 | 7.73 | 16-10-2026 |
| 7 | 5th Circ. Says Workers Needn't Mitigate Emotional Damages | 0 | 5 | 09-07-2026 |
| 8 | 2nd Circ. Says No Surprises Act Limits Private Right Of Action | 0 | 6.8 | 18-09-2026 |
| 9 | TransDigm Can't Ax Ex-GC's Retaliation Suit, Ohio Court Says | 0 | 8.88 | 23-10-2026 |
| 10 | 2nd Circ. Backs Public Defender's Firing For Computer Misuse | 0 | 7 | 17-07-2026 |