• In Bruce v. Adams and Reese, LLP, a former employee sued a law firm for disability discrimination, retaliation, sexual harassment, and hostile work environment.
• The Sixth Circuit recently concluded that a mandatory pre-dispute arbitration agreement is voidable when a plaintiff brings multiple claims in a case that includes sexual harassment and/or sexual assault.

This is the first federal appellate ruling to find that an entire lawsuit is barred from arbitration under the EFAA if it includes a sexual harassment claim. Other federal circuit courts have not yet ruled on this question, although several cases are pending.

In this case, the plaintiff was diagnosed with post-traumatic stress disorder, attention deficit hyperactivity disorder, social phobia, depression, sleep apnea, insomnia, and restless leg syndrome. In suing her former employer, she alleged sexual harassment under Title VII of the Civil Rights Act of 1964 and failure to accommodate her disability under the Americans with Disabilities Act (ADA). Her former employer moved to dismiss her sexual harassment claim and compel arbitration of her ADA claim.

The plaintiff, a paralegal, signed an arbitration agreement when she began working at Adams and Reese in 2022. She alleged that her supervisor often made sexual comments to her and about her appearance, clothing, and personal life, even after she rejected his frequent invitations to social events.

Sometimes the paralegal’s sleep medication caused her to arrive...

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