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Former Menards worker can arbitrate claim despite Ending Forced Arbitration Act, 6th Circuit says

  • A former Menards forklift driver can arbitrate her sex harassment claim despite the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA).
  • The driver alleged that she faced sex harassment at work, reported incidents to HR, but was fired shortly after; she sued Menards for sex harassment in violation of Ohio law.
  • The 6th U.S. Circuit Court of Appeals reversed the district court's decision and ordered the case to be stayed pending arbitration.
  • The EFAA allows individuals alleging sexual harassment disputes to elect the forum and manner of dispute resolution and was signed into law by President Joe Biden in March 2022.

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