May 13, 2025

Andrew St. Laurent and Megan Dubatowka Examine How Federal Courts Are Enforcing the EFAA in NYLJ Article

Federal courts are vigorously enforcing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) — giving plaintiffs a potential advantage in prosecuting these claims and those related to them.

The EFAA provides that no predispute arbitration agreement or predispute joint-action waiver is valid or enforceable in cases filed under federal, tribal, or state law and relating to a sexual assault or harassment dispute. It also clarifies that courts and not arbitrators must determine whether the EFAA applies to a particular dispute, even where the “agreement purports to delegate such determinations to an arbitrator.”

Harris St. Laurent & Wechsler LLP partners Andrew St. Laurent and Megan Dubatowka discussed this in an article for the New York Law Journal (subscription required) examining a Southern District of New York (SDNY) decision that demonstrates the benefits of pleading sexual harassment and assault-related claims, among other meritorious causes of action, to plaintiffs who wish to avoid contractually mandated arbitration. They also review other relevant case law and provide an analysis.

In Puris v. TikTok Inc., the SDNY held that the EFAA applied to the plaintiff’s entire case  — including a New York Labor Law (NYLL) pay discrimination claim, gender, race, and ethnicity-based discrimination claim, and the NYLL whistleblower retaliation claim — and declined to compel arbitration.

“While the issue has not yet reached the Second Circuit, an expansive reading of the EFAA as enjoining arbitration of the entire case where harassment claims are cognizably pled is the predominant view in the Southern District of New York,” St. Laurent and Dubatowka write. “The EFAA is a powerful tool for plaintiffs who prefer to bring their claims in court.”

St. Laurent is a first-chair trial lawyer with a depth and breadth of experience. He has tried more than 20 cases to verdict, from federal jury trials to FINRA, AAA and JAMS arbitrations, and numerous New York state court bench and jury trials. He regularly represents plaintiffs and defendants in employment cases, shareholder and partnership disputes and criminal and regulatory matters.

Dubatowka represents individuals and companies in commercial and employment disputes, including litigation, arbitration, and mediation, as well as business and contractual matters. A tenacious, results-oriented advocate, tailors her approach to each client’s unique circumstances to achieve favorable outcomes.

Visit this link for the full text of the article: HERE