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Labor/Employment

Aug. 7, 2024

Can employers demand arbitration for gender discrimination in California?

See more on Can employers demand arbitration for gender discrimination in California?

By Rebecca L. Stuart

In recent years, there has been a significant legislative push to address the issue of forced arbitration in cases of sexual assault and sexual harassment. In 2021, the federal government passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), which expressly applies to workplace claims. At the same time, pre-employment arbitration agreements which covered the universe of employment claims were under attack in California, leaving many employers in d...

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