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Doctrine & Statutes

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

Also known as EFAA

The 2022 federal statute giving claimants the option to void pre-dispute arbitration agreements for sexual assault and harassment claims.

Enacted in 2022, the Act allows a person alleging sexual assault or sexual harassment to elect not to be bound by a pre-dispute arbitration agreement or class waiver. Its practical importance is doctrinal as much as substantive: it demonstrated congressional willingness to carve subject-matter exceptions into the FAA, and it is the template every subsequent consumer and employment arbitration reform proposal has followed.

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