The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) presents an exception to the FAA’s rule that arbitration agreements must be enforced according to their terms.

In a case of first impression, a divided Sixth Circuit, in a 2-1 decision, held that a law firm must face an employee’s sexual harassment claims in court under the exception to arbitration for sexual harassment claims provided by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Moreover, the appeals court determined that the exception covers her entire suit, including her disability claims under the ADA. The EFAA’s text renders an arbitration agreement “[un]enforceable with respect to” a plaintiff’s entire case, or action, and not only with respect to certain claims therein. Judge Thapar filed a separate dissenting opinion (Bruce v. Adams & Reese, LLP, No. 25-5210 (6th Cir. Feb. 25, 2026)).

In 2019, the employee was hired as a legal assistant by a law firm in its Liquor Group. Prior to joining the firm, the employee, who suffered from a history of childhood abuse, was diagnosed with post-traumatic stress disorder, attention deficit hyperactivity disorder, social phobia, persistent depressive disorder, sleep apnea, insomnia, periodic limb movement disorder, and restless leg syndrome.

Sexual harassment. The employee alleged that a coworker, an attorney in the Liquor Group, made repeated overtures to her, requesting she join him for social outings...

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