Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

Two recent cases—each deciding an issue of first impression—have concluded that where an employee brings multiple claims in a single suit against a party with whom she has an otherwise-valid arbitration agreement, and one of those claims alleges a “sexual assault dispute” or a “sexual harassment dispute,” the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act renders the arbitration agreement unenforceable with respect to each of the claims that comprise her case.

This includes claims that accrued prior to the effective date of the Act, and claims other than sexual assault or sexual harassment.

Bruce v. Adams & Reese (6th Cir 02/25/2026) [PDF] and Hansbrough v. Marshall Dennehey PC (Ohio Ct App 02/26/2026) [PDF].

There are other cases reaching the same result, and I’m not aware of any that disagree.