Sexual harassment claims alleging continuing violations triggered the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), rendering an arbitration agreement in an employee handbook unenforceable, according to a California appellate court.

In February 2023, Jane Doe filed suit against The Huntley Hotel and two supervisors. She alleged that she worked as a server at the hotel’s restaurant from 2016 to 2022. In October 2019, she was attacked and sexually assaulted outside of work by a coworker, Ryan Jackson.

Doe reported the assault to her supervisor and asked not to be scheduled to work with Jackson.

In October 2021, a new supervisor was hired and told the situation. He called Doe into his office and asked for details of the assault. When she objected, he said he would schedule her and Jackson to work together unless she did.

After Doe described the assault, the supervisor told her it was her fault. The next day, he scheduled Doe and Jackson to work on the same shift and, after that, they were regularly scheduled to work together.

Doe began throwing up before nearly every shift and having panic attacks. She stopped working and filed her lawsuit, asserting 11 causes of action including sexual harassment and hostile work environment and failure to prevent discrimination, harassment and retaliation, among others.

The defendants filed a motion to compel arbitration. They argued that Doe signed a document in 2016 acknowledging that she had received and...

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