I Like My Litigation How I Like My Pie: Whole

Authors

Alexandra (Allie) Widick

Abstract

There is a huge problem with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”): it contains major ambiguities. The Act was signed into law by President Biden in 2022, and it has the potential to affect many Americans. It has been estimated that about 60 million workers—over half of the non-unionized private workforce—are subject to mandatory arbitration agreements as part of their employment. The Act states in relevant part that no arbitration agreement “shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.” The fact that this portion of the EFAA uses the term “case” and not “claim” should not be taken lightly; it is evidence that Congress intended to keep at least some other claims out of the grasp of arbitration. Because Congress did not explicitly define what “case” means, it created confusion that only a few courts have even attempted to parse out.

Recommended Citation

Alexandra (Allie) Widick, I Like My Litigation How I Like My Pie: Whole, 2025 J. Disp. Resol. (2025)
Available at: https://scholarship.law.missouri.edu/jdr/vol2025/iss1/12