If you’re dealing with sexual harassment at work, you may have been told that your options are limited because you signed an arbitration agreement. That can feel isolating and discouraging. But recent changes in the law are giving employees new options, especially in California. Thanks to a powerful federal law and two important court decisions, workers who experience sexual harassment can now choose to bring their claims to court, even if they signed an arbitration agreement in the past.
At Yoosefian Law Firm, P.C., we stand with employees in Los Angeles and across California. Here’s what you need to know about the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) and two California court rulings that are protecting workers like you.
The Ending Forced Arbitration Act (EFAA): A Turning Point for Workers
In 2022, Congress passed the EFAA to address a long-standing problem: many employees were being forced to resolve sexual harassment or assault claims behind closed doors in arbitration. Arbitration often benefits employers at the expense of employees. It happens in private, limits evidence, and prevents a public record of what happened. None of these things are favorable to victims of harassment.
The EFAA changes that. Now, if you bring a sexual harassment or assault claim that occurred on or after March 3, 2022, you have the right to choose whether to go to court, regardless of what your employment agreement says. Even if you signed a contract years ago agreeing to arbitration, you are no longer locked into that decision when it comes to these types of claims.
This law is especially important in California, where arbitration clauses have been widely used in employment contracts. The EFAA gives employees a way out, and recent court decisions have made sure that right is protected and even expanded.
Casey v. Superior Court: California Upholds Workers’ Right to Court Access
In the 2025 case Casey v. Superior Court, a California appellate court ruled that a woman who was sexually harassed at work could not be forced into arbitration, even though her original employment contract included an arbitration clause.
The employer had tried to argue that because the agreement said California law applied, the EFAA didn’t count. But the court rejected that idea. The judges said clearly: federal law overrides state contract provisions when it comes to sexual harassment claims.
Why does that matter for you? Because it means companies can’t use legal loopholes to deny you your day in court. The Casey decision confirms that the EFAA is real protection for employees, and employers can’t just write around it.
Even more important, the court said the employee could take all of her claims, including unrelated wage and hour violations, to court, because they were part of the same lawsuit. That makes it easier for workers with multiple issues to seek justice in one place.
The Liu Decision: One Courtroom, One Fight for Justice
In Liu v. Miniso Depot CA, Inc., another California appellate court took this a step further. The court found that when a lawsuit includes a claim for sexual harassment, none of the claims in the case need to go to arbitration — even if those other claims, like wage and hour violations, are unrelated to the harassment.
Before these rulings, many California workers with multiple legal issues, like a sexual harassment claim and a wage theft claim, were forced to split their claims in two. The harassment case might go to court, but the wage and hour case would be sent to private arbitration. That made it harder for employees to tell their full story, and it often weakened their overall case.
But now, because of the EFAA and decisions like Liu, if your case includes sexual harassment, you can bring all of it to court. This includes claims for unpaid wages, missed breaks, retaliation, or discrimination. It is a major win for workers who have experienced multiple forms of mistreatment on the job.
Why These Sexual Harassment Law Changes Matter for California Workers
Before the EFAA and these court rulings, many California workers were pressured into private arbitration proceedings instead of having their claims heard by a court and jury. It could feel like the system was stacked against them, with little transparency or accountability.
Now, things are different. Employees across Los Angeles and the rest of California have stronger legal protections. If you were harassed at work after March 3, 2022, and your employer is trying to send your case to arbitration, you likely have the right to refuse.
And if your case includes wage violations, retaliation, or wrongful termination tied to the same employment situation, you may be able to keep everything in court. That means a single, unified case, where your full story can be heard and evaluated together.
This is a big shift. You no longer need to stay silent or feel that no one will hear your story. The courts are now supporting your right to be heard.
Employers Still Try to Push Sexual Harassment Arbitration. Here’s What You Should Know.
Some employers may still tell you that your arbitration agreement is enforceable. They might use intimidating language or tell you that your options are limited. That’s why it’s important to talk to an attorney who understands how these recent changes work.
At Yoosefian Law Firm, we know how to challenge these tactics. We help workers assert their rights under the EFAA and fight back when employers try to misuse arbitration clauses. Whether your harassment happened at a large corporation or a small business, we’re here to help you take action.
If you’re also dealing with wage and hour violations, retaliation, or wrongful termination, these new decisions could allow you to bring all of your claims to court, not just the harassment. This can lead to stronger outcomes and more complete justice.
What You Can Do If You’re Facing Sexual Harassment at Work
If you’re being sexually harassed at work, or if it happened recently, you have options. Here are some steps you can consider:
- Document everything. Keep records of what was said or done, who was involved, and when it happened.
- Report the harassment internally if it feels safe to do so. Many companies have HR channels for this.
- Speak with an employment attorney. Don’t assume your contract takes away your rights. Laws have changed.
Even if the harassment happened months ago, you might still be within the time window to bring a legal claim. And even if you signed an arbitration agreement, you may not be bound by it.
We Help California Workers Hold Employers Accountable For Sexual Harassment
At Yoosefian Law Firm, P.C., we fight for employees who have experienced sexual harassment, discrimination, retaliation, or other workplace violations. We understand how painful and isolating it can feel to deal with harassment while trying to keep your job and protect your future.
With the support of new federal law and California court rulings, we can help you take your case to court and stand up for your rights. You deserve to be heard, and you don’t have to go through this alone.
We handle cases on a contingency fee basis, which means you pay nothing unless we win. Whether you’re in Los Angeles or anywhere in California, we’re ready to help you move forward. We have represented victims of Sexual Harassment, Wage and Hour Disputes, and other California employment law violations for our entire career.
Contact us today at (818) 275-1529 for a free, confidential consultation.
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