Since its enactment, the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has resulted in plaintiffs’ lawyers tacking on increasingly implausible sexual harassment claims to unrelated garden-variety employment claims in a naked attempt to defeat otherwise enforceable arbitration agreements. Numerous courts across the country have permitted (and thereby encouraged) these poison-pill sexual harassment claims, which have become just the latest weapon plaintiffs are using to shirk their contractual obligation to arbitrate.

Authored by partners, Tony Oncidi and Phil Lebel, we invite you to read the full article here, originally published in the Daily Journal.

Reproduced with permission. Originally published July 30, 2025, “The latest in the war on arbitration: implausible sexual harassment claims,” Daily Journal.