California Court of Appeals Reverses Trial Court Order Compelling Arbitration per "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021"

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On 2/3/2025, in Casey v. Superior Court (D.R. Horton, Inc.), the California Court of Appeals granted the employee's petition to vacate the trial court's petition to compel arbitration, holding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 preempts state law attempts to compel arbitration because it permits plaintiffs to elect to render arbitration agreements unenforceable in cases related to a sexual harassment dispute (and parties cannot contract around the EFAA through choice-of-law provisions):

https://www4.courts.ca.gov/opinions/documents/A170650.PDF

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