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Sixth Circuit Addresses Arbitrability of Individual Claims in Sexual Assault and Harassment Claims (US)

The Sixth Circuit Court of Appeals ruled in Bruce v. Adams and Reese that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) bars arbitration of an entire case when any claim involves sexual harassment or assault. The court interpreted the statute’s reference to a “case” to mean all causes of action, not just the sex‑related claim. Consequently, the plaintiff’s disability‑discrimination claim cannot be compelled to arbitration alongside her harassment claim. The decision aligns the Sixth Circuit with a growing line of courts treating the EFAA as a blanket non‑arbitrability provision.