Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to non-victim who provides information during an investigation

When a former employee sued claiming that the employer retaliated against him because he had participated in a workplace sexual harassment investigation, the Oregon Court of Appeals held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Cook v. Alexander (Oregon Ct App 04/29/2026) [PDF].

The court rejected the employer’s argument that the EFAA permits victims of workplace sexual harassment to avoid arbitration, but does not extend to those who provide information about workplace sexual harassment during an investigation.

The court pointed out that the EFAA defines a “sexual harassment dispute” as “a dispute relating to conduct that is alleged to constitute sexual harassment.”

This appears to be the prevailing interpretation.