Court Ruled Arbitration Act Covers Full Lawsuits

The Second Circuit ruled that sexual harassment plaintiffs can exempt entire lawsuits from forced arbitration requirements.

Updated on Oct. 12, 2026 in Sex Crimes

Court Ruled Arbitration Act Covers Full Lawsuits

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Should sexual harassment plaintiffs be allowed to bypass mandatory arbitration for all their legal claims?

The Second Circuit Court of Appeals has ruled that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to all claims within a lawsuit. This decision allows plaintiffs to bypass forced arbitration for an entire case even when non-harassment claims are included.

Why it matters

This ruling ensures that victims of sexual harassment can litigate their full set of legal claims in court rather than being forced into private arbitration. It clarifies the scope of federal protections intended to prevent the suppression of sexual harassment allegations.

The Second Circuit has now joined the Sixth and Ninth Circuits in ruling that the Act covers the entire scope of a lawsuit. This appellate process currently remains active as courts determine how broadly the law applies to non-harassment claims.

The players

Second Circuit Court of Appeals

This is a federal court that holds jurisdiction over cases originating from districts in Connecticut, New York, and Vermont.

Sixth Circuit Court of Appeals

This federal appellate court previously issued a similar ruling regarding the scope of the arbitration act.

Ninth Circuit Court of Appeals

This federal court also previously ruled that the Act applies to the full scope of lawsuits involving harassment.

The details

Plaintiffs are now able to invoke the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act to move entire lawsuits away from mandatory arbitration processes. By applying the Act to the full scope of a case, the court determined that the presence of non-harassment claims does not invalidate the protections afforded to sexual harassment victims.

Timeline

  1. October 12, 2026: The court ruling was published.

Legal Context

This decision marks a significant judicial interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. By aligning with other circuits, the court is solidifying a precedent that prevents defendants from splitting lawsuits between court and private arbitration.

This ruling impacts the public by ensuring that sexual harassment cases can be heard in an open court rather than behind the closed doors of private arbitration. It provides victims with greater access to the justice system when seeking legal remedies for workplace misconduct.

The takeaway

This decision reinforces the power of plaintiffs to keep all their legal claims in one forum when a sexual harassment allegation is present. Individuals involved in litigation should consult with legal counsel to understand how this ruling impacts their ability to avoid arbitration clauses.

Further reading

For additional context on the evolution of legal protections, explore Sex Crimes.

Live Poll

Should sexual harassment plaintiffs be allowed to bypass mandatory arbitration for all their legal claims?