Labor and Employment Law

Ca. Labor & Emp't Rev. VOLUME 39, NUMBER 3, MAY 2025

MCLE SELF-STUDY: ARBITRATING SEXUAL HARASSMENT: A LOOK AT THE SHORT HISTORY OF THE EFAA

AUTHOR*

Lauren Teukolsky

Arbitration is here to stay.

At least that’s what we thought until March 2022, when the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)1 went into effect. The EFAA did something that no law had ever done before. It amended the Federal Arbitration Act (FAA)2 to exclude an entire class of claims from arbitration—those involving sexual assault and harassment.3

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