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02/08/2025

Preemption, Choice Of Law: Effort To Compel Arbitration With CAL Choice Of Law Provision Is Preempted

Can An Employer Avoid The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 With A California Choice Of Law Provision?

        No. The EFAA preempts California law, rendering the arbitration agreement unenforceable in cases of sexual harassment disputes. That's the holding of  Casey v. Sup. Ct.,  D.R. Horton, Inc., et al (Real Parties In Interest),  A170650 (1/1  2/3/2025) (Humes, Banke, Langhorne Wilson).

        Why? "The EFAA’s purpose is plainly obstructed by an attempt to use state law to force a person who is alleging sexual harassment to arbitrate their dispute."

Posted by on 02/08/2025 at 03:21 PM in Arbitration: Choice of Law, Arbitration: Civil Rights, Arbitration: Employment, Arbitration: Federal Arbitration Act |

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