Professor Gregory Germain Discusses U.S. District Court’s Application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)

The U.S. District Court for the Central District of Illinois recently rejected Rivian Auto’s request to send a sexual harassment and hostile workplace environment case to arbitration. This was one of the first applications of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA).

In the Society for Human Resource Management article “Court Rules Employer Can’t Compel Arbitration in Sexual Harassment Case”, Professor Gregory Germain says “There will continue to be skirmishes in cases where the acts of harassment predated the EFAA. I suspect that future courts will not accept the Rivian court’s argument that acts of harassment that took place entirely before the EFAA will not be covered.”

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