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Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases
The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a new act occurs as part of the ongoing hostile work environment. In other words, even if the hostile work environment began before the EFAA’s effective date of March 3, 2022, the claim can still fall under the EFAA if any part of the hostile work environment continued after that date.
