Four years after the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) was enacted, caselaw is forming to help employers better understand how it impacts arbitration agreements. In August, CDF informed you of the Ninth Circuit’s decision in Ding v. Structure Therapeutics, Inc., 187 F.4th 1231 (9th Cir. 2026) that allowed a plaintiff who first pursued arbitration of an employment dispute to invoke EFAA to withdraw from arbitration after she uncovered evidence of sexual based mistreatment and now, Chin v. DoorDash, Inc. B348844, a California Court of Appeal held that a former DoorDash employee waived his right to block arbitration under EFAA by failing to timely assert sexual harassment.
Chin sued DoorDash asserting claims related to parental leave, retaliation, and termination. When DoorDash sought to compel arbitration, Chin challenged the enforceability of the arbitration agreement on other grounds and did not tell the court that he intended to amend his complaint to add a sex based harassment claim or that he believed the EFAA could exempt such a claim from arbitration. The trial court ultimately ordered the case to arbitration and stayed the litigation.
After the arbitration began, Chin amended his claims to add a sexual harassment claim under the California Fair Employment and Housing Act (FEHA), based on conduct that he had known when the case was filed. He then argued that EFAA entitled him to avoid arbitration and...
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