Your Arbitration Agreement Doesn’t Decide This. The Dates Do.
“I signed an arbitration agreement my first week. I didn’t think it mattered once he started harassing me.”
It doesn’t have to.
Here’s what a lot of employees don’t know: an arbitration agreement does not automatically force a sexual harassment claim out of court, even if you signed one on day one.
The federal Ending Forced Arbitration Act, EFAA, blocks employers from forcing sexual harassment and sexual assault claims into arbitration when the underlying dispute arose or the claim accrued on or after March 3, 2022. The Ninth Circuit just addressed this directly, in Combs v. Netflix, Inc., ruling that whether EFAA applies depends on when the harassment happened and when your legal claim came into existence, not just when you signed the paperwork. In California, sexual harassment claims are also protected under the Fair Employment and Housing Act, FEHA (Gov. Code § 12940), with FEHA controlling the underlying claim while EFAA controls whether arbitration can be forced.
Decoder:
What your employer says: “You signed an arbitration agreement. This has to go to arbitration.”
What that actually means: maybe, but only if the timing lines up in the employer’s favor, and the timing is a fact question, not a formality.
What to do: get the actual dates, when the conduct happened and when your claim came into existence, in front of someone who can evaluate whether EFAA keeps your case out of arbitration.
Don’t assume a signature from your first week decided this already. The dates decide it. Contact Michael Trust Law, APC for a no-charge initial consultation. The facts determine whether you have a claim — and how much of a conversation that takes.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication.