As we previously reported here and here, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act (“FAA”) by invalidating clauses in employment agreements mandating arbitration of sexual harassment and sexual assault cases. The EFAA permits a claimant in a sexual assault or sexual harassment case to forgo arbitration and pursue the case in court. (See 9 U.S.C. §§ 401-02.) That is, although claimants can choose to arbitrate such claims, they cannot be compelled to do so.
Since the EFAA’s enactment, courts have struggled with whether claimants asserting sexual assault or harassment claims along with other employment-related claims can be compelled to arbitrate the non-sex-related claims. In an appellate case of first impression, the Sixth Circuit Court of Appeals recently ruled that a claimant cannot be compelled to arbitrate the non-sex-related claims in a case that relates to sexual assault or harassment.
In Bruce v. Adams and Reese, No. 25-5210 (6th Cir. Feb. 25, 2026), a legal assistant with pre-existing mental health disabilities alleged that an attorney at the law firm where she worked made repeated sexually charged overtures toward her. The claimant, Ms. Bruce, was subject to an arbitration agreement requiring her to arbitrate all employment claims she may have against the law firm. After signing the arbitration agreement, the lawyer-supervisor continued to make inappropriate comments about Ms....
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