In a recent Law360 article, Thompson Coburn partner Michael Kun explores a Ninth Circuit ruling that could expand employees’ ability to keep workplace claims in court rather than arbitration.
In the Aug. 19 decision, the court held that Dr. Ding Ding, former CFO of Structure Therapeutics USA Inc., could pursue federal claims alleging discrimination and harassment based on her national origin and her status as a survivor of domestic violence. The court found that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) applied, allowing her lawsuit to proceed despite a predispute arbitration agreement.
The ruling could have broader implications for employment disputes. “Ding may provide a road map to plaintiffs whose cases are already in arbitration but wish to proceed in court — add a sexual harassment claim to the case,” said Mike.
The Ninth Circuit’s interpretation of what claims trigger the EFAA could significantly affect future litigation, though questions remain about the decision’s rationale.
Mike said some high court guidance on what the EFAA covers is probable, but won’t be coming any time soon.
“Eventually, the U.S. Supreme Court will likely step in and clear up some issues regarding the scope and application of the EFAA,” he said. “But that could be years away.”
Read the full article here.
