In Ding v. Structure Therapeutics, Inc., No. 25-1532 (August 19, 2026), the U.S. Court of Appeals for the Ninth Circuit held that a plaintiff may invoke the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) to pursue her claims in court, even after initially filing other claims in arbitration, where she discovered the basis for a sexual harassment claim during discovery in the arbitration matter.

The court further held that a sex-based hostile work environment claim under California’s Fair Employment and Housing Act (FEHA) constitutes a “sexual harassment dispute” within the meaning of the EFAA.

• In Ding v. Structure Therapeutics, Inc., the Ninth Circuit held that a plaintiff’s right to proceed in court under the EFAA is not categorically foreclosed by the earlier filing of an arbitration demand asserting non–sexual-harassment claims.
• The court held that where a plaintiff discovers a basis to pursue claims covered by the EFAA during arbitration, the plaintiff may elect to end arbitration and proceed in court.
• The court further held that a sex-based hostile work environment claim under FEHA constitutes a “sexual harassment dispute” under the EFAA.

Background

The plaintiff, a senior executive at a clinical drug development company, began working as the company’s chief financial officer (CFO). As part of her employment, the plaintiff signed an employment agreement that required the resolution of all employment disputes by arbitration....

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